Already vaped medical cannabis (AVB): a practical guide for patients

Prescribed cannabis is a controlled drug

Cannabis-based products for medicinal use (CBPMs) prescribed by a specialist doctor are Schedule 2 controlled drugs under the Misuse of Drugs Regulations 2001.

The Misuse of Drugs Act 1971 makes it unlawful to possess a controlled drug unless you are authorised to do so. For patients, that authority comes from the Misuse of Drugs Regulations 2001, once the medicine has been lawfully prescribed and supplied to you.

What the legislation does not say

Importantly, there is no provision in the legislation that:

• requires patients to destroy cannabis immediately after it has been vaporised;
• imposes a time limit on how long prescribed cannabis may be possessed; or
• requires medication to remain in its original dispensing container at all times.

There is currently no reported UK court decision dealing specifically with already-vaped prescribed cannabis.

However, AVB originates from medication that has been lawfully prescribed and supplied. The legislation does not say that it becomes unlawful simply because it has been heated in a vaporiser.

While no definitive legal ruling exists, there appears to be no statutory requirement to dispose of it immediately after use.

This is not just a theoretical question. Patient advocates in Jersey recently got in touch to tell us about real cases there.

We were told that a couple of medicinal cannabis patients in Jersey had been arrested for possessing already vaped bud. In one case, the matter went before the court eight times before the prosecution withdrew it completely.

During one of these cases, the defence lawyer put a simple question to the court to make a point about what already vaped bud really is.

The point behind the question is a fair one. Toasting a piece of bread does not turn it into something else. In the same way, heating prescribed cannabis in a vaporiser does not obviously turn it into a different substance from the medicine that was lawfully prescribed and supplied.

It is worth remembering that Jersey is a separate jurisdiction with its own legal system, so these cases do not decide the law in England, Wales or Scotland. Even so, they are a helpful real-world reminder of how questions about AVB can arise, and of why keeping proof of your prescription is sensible.

Although the law does not specifically require it, a few simple habits can make the origin of your AVB clear if anyone ever asks. Patients may wish to do the following.

Some patients hold on to AVB for a short time before disposing of it, for entirely everyday reasons, including:

• convenience;
• waiting until they are home before disposing of it; or
• collecting it so it can be disposed of safely in one batch.

Safe disposal is a genuine reason to hold on to it. The NHS advises that unwanted medicine should be returned to a pharmacy for safe disposal rather than put in household waste, so keeping AVB until you can hand it in is a responsible thing to do.

Keep following your prescriber's directions on how to use your medication.

If you do keep AVB, a clearly labelled container that links it to your prescription can help show where it came from. Keep it separate from your fresh medication, though: returning AVB to a bottle that still holds unused flower can affect your dosing and contaminate medicine you have not yet used. None of this appears to be a legal requirement, but it is simple and sensible.

Current UK legislation does not appear to prohibit patients from possessing already-vaped prescribed cannabis, and it does not set a time limit for keeping it.

The law is largely silent on AVB specifically. Adopting sensible storage habits and keeping evidence of your original prescription can help you avoid any unnecessary misunderstanding.