FOI 431-24 Policy Medical Cannabis
Enquiry Reference: 431 - 24
I write in connection with regards to your Freedom of Information request, firstly please accept my apology for the delay. Below is your request and our response.
1) a copy of the Constabulary's policy or procedure for the verification of the legitimate possession, use, or presence (in saliva, blood, or urine) of THC resulting from prescribed medical cannabis/cannabis-based prescription medicine (CBPM);
- No information held.
2) if the Constabulary does not have a local policy regarding this, could you please confirm that the Home Office guidance is adhered to by the Constabulary - namely that someone claiming the legitimate possession and/or use of medical cannabis will be expected to produce: the original medication container complete with the pharmacy dispensing label bearing the name of the patient; with either a copy of their FP10 prescription or a letter from the prescribing clinician; and a form of recognised photo ID (such as a passport, driving licence, or a PASS accredited photocard) bearing the same name as displayed on the dispensing label and the copy of the FP10 or clinician's letter;
- Information is defined in section 84 of the Act as 'information recorded in any form'. The Act therefore only extends to requests for recorded information. Explanations, clarifications or comments on the public authority’s business is not a valid question.
3) if your Constabulary does not have a policy in response to question 1, could you please provide the Constabulary's policy regarding procedural compliance with the PSED (Public Sector Equality Duty) of the Equality Act 2010, especially with regards to the avoidance of discrimination against disabled people. In the absence of a substantive policy, could you provide a clarification on the procedures in place to prevent the procedural or systemic discrimination against disabled people for the legitimate possession and use of their prescribed medication (through the seizure of prescription medicine or the arrest of the disabled person for their possession of this prescribed medicine);
With regards to this question, I advise you that we consider the Freedom of information Act 2000 Exemption 21 (Information Accessible by other means) is engaged.
Please use the link below which has Equality Diversity and Inclusion Policy.
4) a copy of any internal briefing documents provided to police officers regarding the existence of - and the process for the verification of - prescribed medical cannabis flower or other CBPM's following the Home Office Circular 2018: 'Rescheduling of cannabis-based products for medicinal use in humans' and The Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018 which allowed the prescribing of medical cannabis (CBPM);
- Cleveland Police have previously circulated information re Cancard. This scheme aims to support individuals with genuine medical needs for cannabis but who cannot afford private prescriptions. If they are stopped by Police in possession of illicit cannabis, it allows them to offer some mitigation. Generally, Police are supportive of this scheme. More details can be found here - About | Cancard.
5) the named lead for the Constabulary for matters pertaining to the verification of prescribed medical cannabis (CBPM's);
- P0772 See
6) the Constabulary's policy or position relating specifically to the Constabulary's _recognition_ of unaccredited card schemes such as Cancard, despite an absence of such recognition by the Home Office, if such a policy exists.
- Information is defined in section 84 of the Act as 'information recorded in any form'. The Act therefore only extends to requests for recorded information. Explanations, clarifications or comments on the public authority’s business is not a valid question.
7) if your Constabulary is responsible for a port of entry or a domestic airport, whether the policies or procedures you specify differ for those departing from the United Kingdom or passing from landside to airside - as the Home Office regulations in this regard apply to the regulations relating to the personal carriage of controlled drugs, but not the procedures that should be followed by patients locally in compliance with these regulations (i.e. in terms of the practical steps that should be followed by patients to comply with these regulations);
- N/A
8) the dates upon which any of the procedures, policies or positions engaged by your response to the above is due for review.
- This information is on the policy document.
The above information will be invaluable to patients in receipt of medical cannabis and will ensure a wider understanding and the subsequent compliance with the expectations of your Constabulary. It is clearly in the public interest to ensure that medical cannabis patients are aware of local policies and procedures and can comply accordingly, so that finite police resources are not spent on the avoidable and potentially unlawful arrest of patients in receipt of legitimately prescribed medical cannabis medication (CBPM's), or the seizure of their prescribed medicine.
The Cleveland Police response to your request is unique and it should be noted that Police Forces do not use generic systems or identical procedures to capture and record data therefore responses from Cleveland Police should not be used as a comparison with any other force response you receive.
If you are not satisfied with this response or any actions taken in dealing with your request, you have the right to request an independent internal review of your case under our review procedure. The APP College of Policing guidance states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced.
Yours sincerely
Information Rights Decision Maker