FOI Legal Cannabis (55-2024/25)

Request

Q1. a copy of the Constabulary's policy or procedure for the verification of the legitimate possession, use, or presence (in saliva, blood, or urine) of THC resulting from prescribed medical cannabis/cannabis-based prescription medicine (CBPM);

Q2. if the Constabulary does not have a local policy regarding this, could you please confirm that the Home Office guidance is adhered to by the Constabulary - namely that someone claiming the legitimate possession and/or use of medical cannabis will be expected to produce: the original medication container complete with the pharmacy dispensing label bearing the name of the patient; with either a copy of their FP10 prescription or a letter from the prescribing clinician; and a form of recognised photo ID (such as a passport, driving licence, or a PASS accredited photocard) bearing the same name as displayed on the dispensing label and the copy of the FP10 or clinician's letter;

Q3. if your Constabulary does not have a policy in response to question 1, could you please provide the Constabulary's policy regarding procedural compliance with the PSED (Public Sector Equality Duty) of the Equality Act 2010, especially with regards to the avoidance of discrimination against disabled people. In the absence of a substantive policy, could you provide a clarification on the procedures in place to prevent the procedural or systemic discrimination against disabled people for the legitimate possession and use of their prescribed medication (through the seizure of prescription medicine or the arrest of the disabled person for their possession of this prescribed medicine);

Q4. a copy of any internal briefing documents provided to police officers regarding the existence of - and the process for the verification of - prescribed medical cannabis flower or other CBPM's following the Home Office Circular 2018: 'Rescheduling of cannabis-based products for medicinal use in humans' and The Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018 which allowed the prescribing of medical cannabis (CBPM);

Q5. the named lead for the Constabulary for matters pertaining to the verification of prescribed medical cannabis (CBPM's);

Q6. the Constabulary's policy or position relating specifically to  the Constabulary's _recognition_ of unaccredited card schemes such as Cancard, despite an absence of such recognition by the Home Office, if such a policy exists;

Q7. if your Constabulary is responsible for a port of entry or a domestic airport, whether the policies or procedures you specify differ for those departing from the United Kingdom or passing from landside to airside - as the Home Office regulations in this regard apply to the regulations relating to the personal carriage of controlled drugs, but not the procedures that should be followed by patients locally in compliance with these regulations (i.e. in terms of the practical steps that should be followed by patients to comply with these regulations);

Q8. the dates upon which any of the procedures, policies or positions engaged by your response to  the above is due for review.

The above information will be invaluable to patients in receipt of medical cannabis and will ensure a wider understanding and the subsequent compliance with the expectations of your Constabulary. It is clearly in the public interest to ensure that medical cannabis patients are aware of local policies and procedures and can comply accordingly, so that finite police resources are not spent on the avoidable and potentially unlawful arrest of patients in receipt of legitimately prescribed medical cannabis medication (CBPM's), or the seizure of their prescribed medicine.

This is a new request for a de novo response to reflect any changes or updated information that may have been adopted since any previous responses to some of these questions may have been provided.

Response

Extent and Result of Searches to Locate Information

To locate the information relevant to your request searches were conducted within North Yorkshire Police. 

I can confirm that the information you have requested is held by North Yorkshire Police. 

Decision

The information you have requested is published on the North Yorkshire Police website under the following link

FOI Medicinal Cannabis (0318-2022/23) | North Yorkshire Police

I have therefore decided to exempt providing you with a response pursuant to Section 21 Freedom of Information Act 2000 (the Act).

Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.

Section 21 – Information Reasonably Accessible by Other Means

Section 21 is an absolute class based exemption and I am not required to consider the harm or public interest when applying this exemption.

Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to your request.

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data.  It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.