The Medical Cannabis Police Guideline: Driving, Cancards and What Patients Should Know

‘Unlicensed does not mean unlawful’

A common confusion is addressed in this guidance by a clarification that clarifies the differences between unlicensed and licensed medicines.

The UK only licenses a tiny fraction of its medical cannabis prescribing (around five patients), including Epidyolex, an epilepsy drug. 

As the guidance clarified, ‘almost exclusively, the CBPMs that police encounter are private prescriptions which are unlicensed.’

It defines unlicensed medicine as one that ‘has not received what is known as “market authorisation”. Although it isn’t approved by the FDA to treat any particular medical condition, doctors can still prescribe this medicine if it feels that it is safe and effective. It is an extremely common practice in medicine.

Critically, it states:  ‘The key point to note as far as this guidance is concerned, is that unlicensed does not mean unlawful.’

Patient ID and Cancards

In 2020, Cancards was launched as a program to assist medical cannabis patients in avoiding confrontation with the police. For an annual fee of £30, cardholders receive a plastic card indicating they have a qualifying medical condition that could be treated with cannabis, verified through medical records.

These cards have been endorsed by senior police officers. They are positioned to help patients feel more confident when they carry cannabis. This is especially relevant, given the fact that many patients used illicit cannabis prior to private prescriptions becoming available.

A 2020 Cancard fact sheet distributed to police officers explained that the scheme was meant to help identify people who ‘legally qualify for a private prescription, but are unable to afford to purchase one.’ It stated there were ‘approximately 30 thousand Cancard registered medicinal cannabis patients in the UK’ at launch.

It instructed officers to ‘use this information as part of your National Decision Model’ and noted that ‘Cancard exists to assist front-line police officers when dealing with medicinal possession cases which do not fit into the scope for diversion or arrest, and where the officer may be considering the use of discretion.’

Cancard asked police officers to use discretion when dealing with people who were in possession of marijuana sourced on the black market. This was based more on a verified medical necessity than a prescription. Cancard, however, does not tell you if the person holding it has a valid prescription for medical marijuana. This card simply confirms the medical condition.

The new APCDLO guidance states that this six-year-old scheme is a ‘controversial and misunderstood area’ for law enforcement. 

List raised concerns about whether the scheme was ‘appropriate’, and suggested that while it may have been a useful tool during the early transition period, before prescription medical cannabis was readily available in the UK, it may now have outlived it’s purpose, especially when asking holders to pay £30 a year. 

My view is that I do not think it’s right for police to say if someone has a legitimate medical condition, which was supposedly approved or verified by Cancard, we are almost allowing them to buy street drugs in order to treat their condition. He said: “I don’t know if police officers should actually endorse this.” MEDCAN24.

The officer then went on to express concern that Cancard had created confusion in the field, citing an example where a patient produced a Releaf Medical Cannabis Card which provided proof of current prescription and the officers rejected it, believing they needed a Cancard. 

Regarding cards similar to Releaf’s offering, List suggests this is a ‘much better idea’. 

It’s a Releaf Card with a QR Code that you can download. It obviously is authorised medicinal cannabis… I think now we should just really be moving away from Cancard into cards that are produced by legitimate, private suppliers.”

‘Unlicensed does not mean unlawful’

A common confusion is addressed in this guidance by a clarification that clarifies the differences between unlicensed and licensed medicines.

The UK only licenses a tiny fraction of its medical cannabis prescribing (five patients), including Epidyolex, an epilepsy drug. 

As the guidance clarified, ‘almost exclusively, the CBPMs that police encounter are private prescriptions which are unlicensed.’

It defines unlicensed medicine as one that ‘has not received what is known as “market authorisation”. Although it is not approved by the FDA to treat any particular medical condition, doctors can still prescribe this medicine if it’s deemed safe and effective. It is an extremely common practice in medicine.

Critically, it states:  ‘The key point to note as far as this guidance is concerned, is that unlicensed does not mean unlawful.’

Patient ID and Cancards

Cancards, a medical cannabis card scheme launched in 2020 to avoid police confrontation with patients who use the drug for their health conditions, was introduced. For an annual fee of £30, cardholders receive a plastic card indicating they have a qualifying medical condition that could be treated with cannabis, verified through medical records.

The cards are supported by several police officers, and they were designed to instill confidence among patients when it comes to carrying cannabis. That is particularly important given that many people used illegal cannabis before prescriptions for private medicine became available.

A 2020 Cancard fact sheet distributed to police officers explained that the scheme was meant to help identify people who ‘legally qualify for a private prescription, but are unable to afford to purchase one.’ It stated there were ‘approximately 30 thousand Cancard registered medicinal cannabis patients in the UK’ at launch.

It instructed officers to ‘use this information as part of your National Decision Model’ and noted that ‘Cancard exists to assist front-line police officers when dealing with medicinal possession cases which do not fit into the scope for diversion or arrest, and where the officer may be considering the use of discretion.’

Cancard, in other words, asked the police to make a decision based solely on medical necessity, rather than legal prescription, for those who are in possession cannabis purchased from the black-market. Cancard, however, does not indicate the owner has a valid prescription for medical marijuana. This card simply confirms the medical condition.

The new APCDLO guidance states that this six-year-old scheme is a ‘controversial and misunderstood area’ for law enforcement. 

List raised concerns about whether the scheme was ‘appropriate’, and suggested that while it may have been a useful tool during the early transition period, before prescription medical cannabis was readily available in the UK, it may now have outlived it’s purpose, especially when asking holders to pay £30 a year. 

My view is that I do not think it is appropriate for police to say that if someone has a legitimate medical condition, which was supposedly approved or verified by Cancard, we are almost allowing them to buy street drugs in order to treat their condition. He said: “I don’t know if police officers should actually endorse this.” MEDCAN24.

The officer then went on to express concern that Cancard had created confusion in the field, citing an example where a patient produced a Releaf Medical Cannabis Card which provided proof of current prescription and the officers rejected it, believing they needed a Cancard. 

Regarding cards similar to Releaf’s offering, List suggests this is a ‘much better idea’. 

It’s a Releaf Card with a QR Code that you can download. It obviously is authorised medicinal cannabis… I think now we should just really be moving away from Cancard into cards that are produced by legitimate, private suppliers.”

Cannabis Law Resources for Poland

Discover essential legal information about the cultivation of cannabis, its sale, and regulations governing medical products in Poland. You can use these resources to learn about the requirements for certification, permissions and compliance.

• 
  Polish News Registration and Interests of Cannabis Businesses
  
• 
  Permissions for Cannabis Sales in Poland
  
• 
  Authorization for Importing or Manufacturing Medical Products
  
• 
  Permission for Manufacturing or Importing Medical Products
  
• 
  Certificate of Good Manufacturing Practices (GMP)
  
• 
  Registration of Medical Products in Poland