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Home » Jumping Through Hoops: The Challenges Patients Face Accessing Legal Medical Cannabis

Jumping Through Hoops: The Challenges Patients Face Accessing Legal Medical Cannabis

Medical cannabis UK law has gone through several changes in recent years. Historically, cannabis was listed as a Class B drug under the Misuse of Drugs Act 1971, meaning it was illegal to possess or supply it. However, in 2018, medical cannabis was legalized to an extent with the passage of new regulations. Here is an overview of the current legal status of medical cannabis in the UK:

Legalization in 2018:
In 2018, the UK government announced that specialist doctors would be allowed to legally prescribe cannabis-based medicines when they judge that the benefit outweighs the risk. This followed high-profile cases involving children with severe epilepsy whose conditions appeared to be helped by medical cannabis. The Home Secretary, Sajid Javid, stated that doctors could prescribe cannabis if there was a clinical need.

Under these new rules, cannabis-derived medicinal products can be prescribed if they meet safety standards and contain only trace amounts of THC, the psychoactive compound that causes a “high”. The medications must be prescribed by a specialist doctor – not a general practitioner. Doctors can prescribe the medications if they believe the patient has an “unmet special clinical need” that cannot be met by licensed medications.

The 2018 law change was limited in scope. It did not legalize medical cannabis in a broader sense, but just allowed it in certain cases with specialist approval. Recreational use of cannabis remained illegal.

Current Status:
Currently, medical cannabis is legal in the UK only if prescribed by a specialist doctor and the product meets strict standards. The doctor must conclude that no other licensed medicine can meet the patient’s needs. Access is still very limited, as many doctors remain reluctant to prescribe cannabis. Estimates suggest only a few hundred prescriptions have been issued so far.

There are only a handful of cannabis-based medicines that meet the UK standards – for example, Sativex for multiple sclerosis. The vast majority of products available overseas do not meet UK regulations. It is still illegal for the public to grow, possess or supply raw medical cannabis in any form.

Challenges and Controversies:
While the law change was a step forward, many challenges remain around medical cannabis access. Campaigners argue the rules are still too restrictive and many patients still cannot access products to relieve their conditions. Here are some of the ongoing controversies:

Very few doctors are willing to prescribe. Many cite lack of training/guidance on cannabis medicines.

-NHS funding and formal guidelines for prescribing are lacking, leaving patients to seek private treatment.

-The requirement to prove no other licensed treatments will work is criticized as unrealistic.

-The cost of private prescriptions is prohibitively high for most patients.

-Lack of domestic production means most products must be imported at high cost.

-The focus on isolated CBD misses the benefits of full-plant extracts, some say.

There are also concerns that allowing medical cannabis could lead towards recreational legalization. However, the UK government insists it has no plans to change the recreational status of cannabis.

Looking Ahead:
Several recent developments indicate the UK may continue to relax its stance on medical cannabis access. In 2021, the government held a consultation on reducing restrictions. There are plans for NHS prescriptions from early 2023. Further legalization in countries like the US and Canada also adds pressure for change. While recreational use will remain prohibited, patient advocates hope to see medical cannabis become more widely accessible based on doctors’ discretion rather than exceptional need. The UK’s position continues to evolve, but full legalization across the board is not expected any time soon.