A False Start For Medicinal Cannabis' In The UK?
Recently the BBC reported that despite the 'legalisation of medicinal cannabis' in November 2018, 'virtually no-one' in the UK had been able to access it since changes in the law over three months ago.
The story coincided with the news that enough cannabis to treat 30 patients for a month has arrived in the UK from the Netherlands. From this consignment, it is reported that just three patients with prescriptions, all for the treatment of chronic pain, will receive cannabis-based medicines as a result.
There was great fanfare last year when it was announced by the Home Secretary, Sajid Javid, that 'medicinal cannabis is legal.' 'Patients can be prescribed medicinal cannabis by specialist doctors from 1 November 2018', proclaimed the Government's website, as if to neutralise with one fell swoop the mounting pressure on it to respond to a small number of high-profile cases that had caught the public's attention. In addition to much work by campaigners and lobbyists, these cases signalled a sea change in public opinion and a swing towards the recognition of cannabis' therapeutic potential; and yet while many have commented on the pace of change, in practice, progress towards a fully-fledged medicinal cannabis market and regulatory framework within the UK has been slow.
Is cannabis now legal in the UK for medicinal purposes?
The Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018 ('2018 Regulations') came into force on 1 November 2018. Contrary to popular belief, the 2018 Regulations did not simply legalise cannabis for medicinal use. In fact, any reference to 'medicinal cannabis' within the UK's current regime is a misnomer. The 2018 Regulations included in Schedule 2 of the Misuse of Drugs Regulations 2001 ('the MDR 2001'), 'cannabis-based product for medicinal use in humans' ('CBPM'). A CBPM is defined as a 'preparation or other product, other than one to which paragraph 5 of part 1 of Schedule 4 applies, which -
is or contains cannabis, cannabis resin, cannabinol or a cannabinol derivative (not being dronabinol or its stereoisomers); is a product for medicinal use in humans; and- is a medicinal product, or a substance or preparation for use as an ingredient of, or in the production of an ingredient of, a medicinal product.' As Schedule 2 controlled drugs, CBPMs can be prescribed by specialist doctors listed on the General Medical Council's Specialist Register where there is an unmet...
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