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9 min read
Sarah Sinclair
Medical cannabis has been legal in the UK since 2018, but there is still a lot of confusion and misinformation out there around its regulation and the rights of medical cannabis patients. This blog brings together key insights from Releaf’s Legal section to provide a comprehensive overview of what UK patients need to know.
DISCLAIMER: Please note that this information should not be relied upon as standalone legal advice, and is intended for guidance purposes only.
Yes. In November 2018, the rescheduling of cannabis under the Misuse of Drugs Regulations 2001, allowed CBPMs to be prescribed under certain circumstances. This was following high profile campaigns led by the families of Alfie Dingley and Billy Caldwell, who experienced life-changing benefits from medical cannabis treatment.
Despite the law change, many people—including some medical professionals—remain uncertain about the legal status of medical cannabis and the practicalities around its prescription.
This lack of awareness and understanding, combined with the existing stigma around cannabis and its association with illegal use, can result in confusion among patients and the wider general public about their rights.
Under the Misuse of Drugs Regulations, only doctors on the General Medical Council (GMC) specialist register—consultants or ‘specialists’ such as neurologists, psychiatrists, and rheumatologists — are permitted to prescribe CBMPs.
A specialist can prescribe CBMPs for any condition if they deem it to be in the best interests of the patient. They are typically prescribed for chronic conditions that have not responded to at least two conventional treatments. Eligibility is assessed on a case-by-case basis by the prescribing doctor.
Some of the conditions which medical cannabis is commonly prescribed for include:
To date, only a handful of prescriptions for unlicensed cannabis medicines have been issued through the NHS.
However, some licensed cannabis medicines have been approved and are recommended by the National Institute of Health and Care Excellence (NICE). These include: Sativex, for use in the treatment of spasticity in Multiple Sclerosis; Epidyolex, for use in the treatment of seizures in children with Lennox-Gastaut syndrome, Dravet syndrome, and tuberous sclerosis complex; and Nabilone as a treatment for chemotherapy-induced nausea and vomiting in adults.
Most doctors prescribe unlicensed CBMPs through private specialist clinics, such as Releaf. Once you have completed the eligibility assessment you will be invited to book an initial consultation with a specialist doctor.
If it is deemed to be an appropriate treatment for you, your doctor will write a prescription for the products best suited to your needs. These are dispensed through a licensed pharmacy and are usually delivered to your home address.
The majority of medical cannabis clinics, including Releaf, predominantly prescribe medical cannabis in flower and oil-based formats. Some clinics may also offer additional products such as oral mucosal sprays, capsules, or pastilles. Legal CBMPs would not be prescribed in formats such as edibles or resin, which are more associated with recreational use.
Once patients have been prescribed medical cannabis, it’s crucial that they understand what is and isn’t legal while using their medication. This not only helps to ensure they are compliant with the law, but also that they are clear about their rights in certain situations.
Patients must consume their medication in the form it is prescribed, such as vaporising dried flower or taking oils as recommended by their doctor. In the UK, it is always illegal to smoke cannabis, regardless of whether it has been prescribed.
CBMPs should be stored safely and securely, away from children. Keeping it in its original packaging is recommended to ensure clear identification and avoid any legal complications
Patients can carry medical cannabis when out in public, as long as they have a valid copy of their prescription and the medication is in its original packaging. Releaf provides all patients with a medical cannabis card so they can easily access all of their documentation in one place.
There may be times when patients need to medicate in a public place for example, if they were to experience a sudden onset of symptoms. Under the Equality Act 2010 it could be argued that a patient has a right to consume their medication if and when they need to, and that preventing them from doing so would be considered discriminatory.
However, it is important to be mindful of others around you and to exercise common sense and courtesy when administering medical cannabis in public. Depending on the vapouriser used, cannabis’ distinct smell can linger in an enclosed space, and could potentially lead to passive effects on others if consumed in a crowded, enclosed space.
Read more about administering medication in public here
Patients can travel anywhere within the UK with their prescribed medication, as long as they have a copy of their prescription. If you are planning to travel abroad it’s important to check the specific laws at your destination.
To travel overseas with your prescription you will need to contact the country’s embassy to find out the local regulations and request an approval letter. In case of any issues at customs, it is also advised to have a letter from your doctor explaining your medical condition and treatment plan. The Releaf Patient Support Team can help with this.
Don’t take medical cannabis on a plane without prior approval, or into a country where it is not legal, as this could result in serious legal repercussions. More information about what you need when travelling abroad with medical cannabis can be found via Releaf’s travel blog.
In the UK it is illegal to drive while impaired by any drug, including cannabis, whether it is prescribed for medical use or not. The DVLA guidelines require patients to be “free from any medication effects that would impair driving”.
You are legally allowed to take your medicine and continue to drive a motor vehicle, as long as the following requirements are met:
If you feel drowsy, dizzy, or otherwise impaired after taking medical cannabis, you should not drive. Read more on the guidance from the DVLA here
Using medical cannabis can raise challenges in the workplace and many patients are understandably concerned about how their employers may respond.
Those using prescribed medical cannabis must be treated in accordance with employment regulations and law, in the same way that employees taking other prescribed medications are.
The Equality Act requires that employers make reasonable adjustments to protect the rights of those with disability and chronic conditions. These may include altering your job role to avoid driving or using heavy machinery, or being allocated extra breaks to administer your medication.
However, not all medical cannabis patients will be entitled to reasonable adjustments and any use of CBMPs at work must still comply with the Health and Safety at Work Act of 1974 (HASWA).
As a medical cannabis patient it is your responsibility to:
Read more about your rights in the workplace here
Medical cannabis is still a relatively new treatment in the UK, and regulations are continually evolving. By staying informed about your rights and responsibilities, you can help challenge misinformation and misconceptions about this medication, while ensuring you remain compliant with the law. To stay clued-up visit Releaf’s Legal and Education sections.
It is important to seek medical advice before starting any new treatments. The patient advisors at Releaf are available to provide expert advice and support. Alternatively, click here to book a consultation with one of our specialist doctors.
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Am I eligible?Sarah, a distinguished journalist with over a decade in publishing and communications, now excels in cannabis health and policy journalism in the UK, advocating for informed health decisions through her award-winning work.
All of our articles are written by medical cannabis experts, guided by strict sourcing guidelines, and reference peer-reviewed studies and credible academic research. Our expert clinical team and compliance specialists provide valuable insights to ensure accuracy when required. Learn more in our editorial policy.
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