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Border Patients at Risk: PatientsCann Raises Concerns with UK & Ireland

PatientsCann UK has raised urgent concerns with both the UK and Republic of Ireland (ROI) governments over the risks faced by patients prescribed medicines that are classified as Schedule 1 Controlled Drugs in one jurisdiction but legally prescribed in the other. At present, a prescription issued in the UK, ROI or Crown Dependencies cannot be dispensed across the border if the medicine is considered Schedule 1. More critically, patients cannot lawfully carry these prescribed medicines across the border, even if the crossing is unavoidable in order to travel within their own country. This issue disproportionately affects border communities, where travel across the border is not optional but a daily necessity. For patients in these communities, this creates an impossible situation: return home with their prescribed treatment and risk criminalisation, or forego essential medication. Couriers and healthcare professionals delivering medicines face the same challenge. Practical problems and risks The current situation gives rise to multiple, connected harms: Beyond individual harm, the problem creates wider public-health and administrative issues: increased emergency presentations, greater strain on social care and inequitable access to treatment depending on postcode. What PatientsCann UK is asking for PatientsCann UK has written to the governments of the UK and the Republic of Ireland requesting urgent clarification and guidance, including: The Northern Ireland Office has confirmed that officials are reviewing our letter. PatientsCann UK welcomes this development and will continue to press for clear, rapid action to protect patients who rely on any prescribed medicine. Sal Aziz, Director of PatientsCann UK, said: “Patients should never have to choose between taking their prescribed medicine and risking criminalisation. In practice this is what border communities on the island of Ireland face today. Governments must issue clear operational guidance and protections, urgently, so patients can continue to receive care without fear.” What happens next PatientsCann UK will publish updates as official responses are received. In the meantime, anyone affected by this issue is encouraged to contact PatientsCann UK so we can collate evidence and ensure our representations fully reflect the scale and immediacy of the problem. Please email info@patientscann.org.uk or send us a message on socials (Instagram | X).

Legal Support for Medical Cannabis Patients in the UK

Since the legalisation of medical cannabis in the UK in 2018, patients have faced numerous challenges in accessing and utilising cannabis-based medicinal products (CBMPs). Despite legal provisions, the landscape remains fraught with limited support, societal stigma, and complex legal hurdles. Organisations like Seed Our Future play a crucial role in advocating for patients’ rights and providing necessary support. Challenges in Legal Support The legal framework surrounding medical cannabis in the UK is complex, creating numerous obstacles for patients seeking treatment. While specialist doctors are legally permitted to prescribe cannabis-based medicinal products (CBMPs), access remains severely limited, forcing many patients to navigate a difficult and often expensive system. One of the primary challenges is the scarcity of NHS prescriptions for medical cannabis. Despite its legal status, NHS doctors rarely prescribe CBMPs, leaving most patients with no choice but to turn to private clinics. However, private prescriptions can be prohibitively expensive, making access to medical cannabis a privilege rather than a right for many who need it. Legal uncertainties further complicate matters. Many patients struggle to understand the exact legalities surrounding the possession and use of their prescribed cannabis, particularly in public spaces or workplaces. Questions about where they can legally consume their medication, how employers should accommodate their needs, and whether they risk law enforcement scrutiny add to the confusion and anxiety patients face daily. A significant barrier to proper legal support is the widespread lack of awareness. Many patients, healthcare professionals, and even service providers do not fully understand the legal rights and regulations governing medical cannabis use. This gap in knowledge often results in patients being misinformed or hesitant to assert their rights, while some service providers may be unwilling to support patients prescribed CBMPs simply due to uncertainty about the legal implications. Societal Stigma Despite its legalisation for medical use, cannabis continues to carry a deep-rooted stigma due to its long-standing association with recreational use and illegality. This stigma affects patients in several ways, often leading to unnecessary challenges and discrimination. One of the most significant issues is public perception. Many medical cannabis patients face judgment or misunderstanding from the public, which can result in social isolation or even outright discrimination. The misconception that all cannabis use is recreational or illicit contributes to this negative outlook, making it harder for patients to openly discuss their treatment or seek support. Employment is another area where stigma creates difficulties. Despite legal protections, employees who use medical cannabis may encounter prejudice or unfair treatment in the workplace. Employers who lack awareness or understanding of medical cannabis laws may view its use as problematic, even when it is prescribed for legitimate health conditions. This can lead to unnecessary workplace conflicts, job insecurity, or even wrongful dismissal. Stigma also extends into the healthcare system itself. Some healthcare professionals remain hesitant to prescribe cannabis-based medicinal products (CBMPs) due to lingering biases or a lack of education on the subject. This reluctance can leave patients struggling to access the treatment they need, forcing them to seek expensive private prescriptions or, in some cases, go without medication entirely. Overcoming these societal barriers requires greater public education, stronger legal protections, and a shift in cultural attitudes towards medical cannabis. Legal Support Resources For patients seeking legal assistance, several law firms and organisations specialise in areas pertinent to medical cannabis use: Organisation/Law Firm Specialties Overview Seed Our Future Legislative Research, Education, Patient Support A national campaign organisation dedicated to legislative and historical research, education through open-source reports, lectures, and articles. They provide support to UK citizens affected by unjust laws and offer assistance to medical cannabis patients facing legal and discrimination cases. Ringrose Law Medical Negligence, Discrimination, and more Offers services in medical negligence and criminal defense, pertinent to medical cannabis patients facing related legal challenges. Their team is equipped to handle cases involving medical malpractice and criminal allegations. While our current list of law firms and organisations offering legal support to medical cannabis patients in the UK is limited, we anticipate its growth as more legal professionals gain a comprehensive understanding of medical cannabis law. As awareness increases and the legal landscape evolves, we are committed to expanding our directory to better serve patients’ needs. We encourage lawyers and solicitors with relevant expertise to contact us, so we can include their services in our list and collectively enhance support for the medical cannabis community. Medical cannabis in the UK remains complex due to limited support and persistent stigma. Organisations like Seed Our Future are essential in advocating for patient rights, providing education, and challenging unjust laws. Supporting such initiatives is crucial for fostering a more informed and compassionate approach to medical cannabis use. Note: This article is for informational purposes only and should not be considered legal advice. For specific legal concerns, consult with a qualified legal professional. Medical Cannabis Employment Medical Cannabis Housing Medical Cannabis Driving Seed Our Future Ringrose Law

Claiming Social Care Support for Medical Cannabis Patients in the UK

Medical cannabis patients in the UK who receive social care packages from their local authority can apply to have their cannabis-based prescription medicines (CBPM) costs assessed as Disability Related Expenditure (DRE). If accepted, this may reduce the costs of their social care charges but does not cover costs of the cannabis prescription. Understanding Social Care Charges Under Section 14 of the Care Act 2014, local authorities can charge for social care, but they must ensure that such charges are fair and transparent. A financial assessment will determine what an individual can afford, factoring in: The assessment will disregard: Claiming CBPM Costs as DRE Patients can request that their CBPM prescription costs be considered DRE. While many councils have predefined checklists of eligible expenses, additional items may also be considered if supported by evidence. Local authorities must follow the Care Act 2014 principles, which include promoting individual wellbeing, social inclusion, and independence. If prescription costs are not accepted as DRE, it could be considered a breach of the Act, especially if this impacts a patient’s wellbeing or independence. Supporting Your Claim To claim CBPM costs as DRE, patients must provide evidence demonstrating: Unfortunately, many councils may not accept evidence from medical cannabis prescribers and instead require support from a GP and/or healthcare consultant. Patients are encouraged to request a supporting letter from their GP or healthcare consultant, detailing the necessity of CBPM and its role in reducing other treatments, such as opioids. If Your Claim Is Denied If a local authority rejects your request to classify CBPM costs as DRE, you can: The Ombudsman can recommend remedies for councils to implement. While their recommendations are not legally binding, councils rarely refuse to comply. Ensure that all medical evidence is shared with the Council and the Ombudsman. Example Case In a recent case (LGSCO reference: 24 001 331), Brighton & Hove City Council was found at fault for mishandling a social care assessment. Patients can use such precedents to support their claims. In the recent review by the Local Government and Social Care Ombudsman (LGSCO), significant concerns were raised regarding how a council handled a patient’s request to include medical cannabis costs as Disability Related Expenditure (DRE): Implications This case highlights the importance of councils adhering to their legal duty to consider all relevant evidence and provide transparent justifications for their decisions. Patients who encounter similar challenges are encouraged to challenge such decisions through formal complaints and escalate them to the Ombudsman if necessary. Key Takeaways For further guidance: Local Government and Social Care Ombudsman: https://www.lgo.org.uk/ Care Act Statutory Guidance: https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance Medical Cannabis as Disability Related Expenditure Social Care Case Playlist by Cannabis is Medicine UK: https://www.youtube.com/playlist?list=PLmL0L5mPiFAUwDl6bG51wPOu-53MGGQMo By understanding the process and advocating for your rights, you can ensure fair consideration of your medical cannabis prescription costs within your social care assessment.

Network Rail’s Medical Cannabis Policy: A Cause for Concern

At PatientsCann UK, we are deeply concerned by Network Rail’s recently issued safety advice (NRA24-13), which imposes a blanket ban on employees using prescribed medical cannabis outside the limited conditions recognised by NICE guidelines. This policy not only impacts employees’ health and livelihoods but also risks violating their rights under the Equality Act 2010. What the Policy Entails The policy mandates automatic suspension for employees prescribed medical cannabis for conditions not covered by NICE, such as chronic pain or mental health conditions. It requires cessation of treatment and proof of a “clean” test before reinstatement, regardless of the employee’s role or whether their prescription affects their ability to perform their duties.This approach disregards the fact that medical cannabis is often prescribed as a last resort after other treatments fail. Forcing patients to abandon their effective treatment places undue pressure on their well-being. Equality and Discrimination Concerns The Equality Act 2010 protects individuals with disabilities or long-term conditions, requiring employers to make reasonable adjustments rather than imposing blanket restrictions. Network Rail’s stance risks discrimination by disproportionately affecting those with legally prescribed medical cannabis treatments. Call for Change PatientsCann UK has written to Network Rail, urging them to: We believe policies should focus on functional assessments, rather than blanket assumptions about impairment. Other potentially impairing medications, such as opioids, are managed on a case-by-case basis, medical cannabis should be no different. Share Your Story If you or someone you know has been affected by this policy, we want to hear from you. Your experiences can help us challenge these injustices and push for fairer workplace practices. 📩 Contact us via email at info@patientscann.org.uk. Together, we can advocate for equality, inclusivity, and the rights of medical cannabis patients. 💚 Join us in making a difference.

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PatientsCann and Seed our Future Begin Work with Local Police

In August 2023 I was relaxing by the seafront in Plymouth with my sister on what should have been a pleasant day. Instead, around 10 minutes after taking my medication, two police officers arrived who refused to accept my medication was legal and proceeded to detain me for 6 hours. Following my arrest I realised just how widespread the challenges facing medical cannabis patients were and decided to join PatientsCann UK.  After my release, Devon & Cornwall Police admitted they were “ill equipped to deal with patients lawfully in possession of cannabis”. I liaised with the Diverse Community and Serious Organised Crime Branches where they have confirmed the force are implementing a number of packages, including training for frontline police officers in being able to identify genuine medicinal cannabis patients and clarification that a medical cannabis card is not required.  Despite the implementation of these packages, there are still a number of challenges that remain for medical cannabis patients, one such example is driving. Devon & Cornwall Police advised “If a positive test is obtained it is likely to lead to the arrest and detention of the driver on suspicion of being ‘unfit to drive through drink or drugs (S.5 RTA)’. Not until the individual has been through the ‘police custody experience’ would any lawfully defence such as a prescription be considered.” Devon & Cornwall Police were open for further engagement on these challenges, so I got in contact with Guy Coxall from Seed our Future. Guy is a court expert on Cannabis and the Road Traffic Act, and lead author on the Cannabis Industry Council guidance on Cannabis and Driving. He was very happy to join the discussions. I got back in touch with the force and a meeting was arranged at their Headquarters in Exeter on 4th January 2024.  At the meeting we were joined by a number of stakeholders from Devon & Cornwall Police including a Drug Expert Witness, Diverse Communities Officer, Road Traffic Officer and Drug Impairment Lead. Guy did a presentation on the Road Traffic Act and Swab Tests which generated a number of interesting discussions. In addition we touched on a number of other issues facing medical cannabis patients such as discrimination and hate crime risk, and employees of the force using their medication. We also received a number of interesting updates including the training package Devon & Cornwall Police developed being shared with 18 police forces, and processes being put in place so people in police custody can use their legally prescribed medication. Devon & Cornwall Police will share a report on their work so far. In the end we didn’t have time to discuss all points, and I think we all came away with more questions than answers! But the day set a foundation for future work with Devon & Cornwall Police, and PatientsCann UK and Seed Our Future will continue to work with the Force to address these issues. Our hope is that this work will continue to spread beyond Devon and Cornwall across the UK for the benefit of all patients.   Authored by – Sal Aziz