It is a common misconception that smoking cannabis is illegal. Apart from Section 8D of the MDA 1971 which refers to the occupier/manager/owner of a premises, the use of cannabis (and other controlled drugs) is not legislated for, even for those without a prescription, however the possession is illegal.
Those prescribed cannabis are legally permitted to possess their medication and again, the use is not legislated for however there is a barrage of disinformation, based on an unqualified opinion within the MDR 2001 which pre-dates the private market or even the conception of prescribed cannabis flower in the UK and this disinformation needs to be urgently addressed.
Patients prescribed cannabis are being told by some clinics that diverting from the guidance of using a vapouriser will result in them being terminated from the practice which is quite astonishing. Patients are told that smoking or combusting their medication is both illegal and dangerous but is this accurate? Smoking cannabis is as old as civilisation itself and has resulted in 0 deaths.
So is the industry spreading disinformation to distance themselves from the ‘recreational’ market? Are they really willing to dump vulnerable patients and leave them to return to the illicit market when no other treatment works? Is smoking as dangerous as they make out? This report assesses both the legal and health implications of smoking cannabis for medical purpose.
SoF have supported several patients who have smoked their medication due to their medical device malfunctioning, situations where being unable to medicate was not a viable option. This can and does happen and so its important that patients are protected from wrongful arrest/conviction.
This report is not recommending that patients smoke their medication, it is an analysis of the laws and the health implications so that patients can make an informed choice, practice their rights to autonomy of health and physical integrity and to warn the industry that they need to provide accurate advice and stop threatening their patients with withdrawal of medical care. That is surely a law suit waiting to happen!