Unlocking rights: Key housing guidance for medical cannabis patients

Is medical cannabis legal in the UK? 

On the 1st of November 2018, cannabis-based medicines were moved from Schedule I to Schedule II of the Misuse of Drugs Act, effectively allowing them to be prescribed by specialist doctors for a wide range of conditions. Since then, tens of thousands of patients have been granted a medical cannabis prescription, almost exclusively through private medical cannabis clinics. Yet, official guidance on the rights of medical cannabis patients has remained underdeveloped. 

In fact, awareness of the legalisation of medical cannabis, in general, is still surprisingly low. According to market research conducted by Releaf in April 2023, 59% of adults were unaware that medical cannabis is now legal in the UK.

Housing and guidance for medical cannabis patients

The lack of official guidance has caused confusion among medical cannabis patients, employers, business owners, and landlords concerning the use of these medications. However, recent guidance issued by the Cannabis Industry Council (CIC) and reviewed by Fieldfisher lawyer Robert Jappie has provided some much-needed clarity regarding medical cannabis and housing. 

In mid-December 2024, the National Housing Federation (NHF) published an article by Mike Morgan Giles, CEO of the CIC. The article outlines the organisation’s guidance on the rights of medical cannabis patients in rental and housing agreements. As the “voice of England’s housing associations”, the NHF’s members provide homes for around six million people in the UK, making this development particularly significant. So, what does the CIC’s guidance say?

The CIC’s guidance for tenants and landlords

The CIC’s ‘The Use of Prescription Cannabis in Buildings’ report aims to “provide guidance

for landlords, housing associations, property managers, and tenants regarding the use of prescribed medical cannabis in properties and premises in the UK.” 

Medical cannabis and the Equality Act 2010

The Equality Act 2010 is a major piece of legislation designed to legally protect people from discrimination in the workplace and in wider society. Section 15 of the Equality Act prohibits discrimination based on disability, which includes a wide range of medical conditions. 

Essentially, this legislation protects patients’ rights to use their prescription medication as and when they require it, whether in a public place or their homes. 

As we explain in our previous article, ‘Medical cannabis and renting: What you need to know’ under the Equality Act 2010, it is unlawful to treat any person with a disability in a discriminatory manner. For example: 

• A person (A) discriminates against a disabled person (B) if—
• A treats B unfavourably because of something arising in consequence of B's disability, and
• A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
• Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.

Key recommendations from the CIC 

In their report, the CIC offers recommendations for housing associations, property managers and private security. These are:

• Education and Training: “Ensuring staff members are well-informed about the Equality Act 2010, specifically regarding its application to medical cannabis patients” and providing training on accommodating medical needs and fostering a culture of understanding.

• Clear Communication: “Encouraging tenants/guests to communicate their medical needs and any necessary accommodations allowing for a proactive approach to resolving potential issues.”

• Reasonable Accommodations: “Assess and provide reasonable accommodations for the prescribed patient”, such as allowing the use of prescribed medical cannabis in the tenant’s private space and ensuring privacy and confidentiality.

• Privacy and Confidentiality: “Respect the privacy and confidentiality of tenants’/guests’ medical conditions and prescriptions.” Recognise that patients are not legally or contractually obligated to share proof of their prescription. 

The CIC also makes the following recommendations for tenants who are prescribed medical cannabis patients:

• Open Communication: While tenants are not obligated to share their prescription or medical condition with their landlord or property manager, doing so can allow for better understanding and potential for necessary accommodations. 

• Responsible Consumption: Medical cannabis should be consumed responsibly and safely, considering the welfare and comfort of other residents. This may include making any necessary adjustments when using medical cannabis vaporisers (herbal vaporisers) indoors. 

• Compliance with Tenancy Agreement: Patients must “comply with their doctor’s guidance and consume their medication as directed by the prescribing doctor” in order to comply with the terms of their tenancy agreement. 

A milestone for medical cannabis acceptance

While medical cannabis has been legal in the UK for over six years, patients continue to be stigmatised for the use of their medicine. For many tenants, uncertainty around their rights when using prescribed medical cannabis in rented accommodation or housing can be a source of significant stress. Therefore, the publication of guidance from both the Cannabis Industry Council and the National Housing Federation represents a significant positive step in tackling this ongoing stigmatisation and driving acceptance of medical cannabis in the UK.