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Britain’s Police Chiefs Urge Increased Cannabis Enforcement

Cannabis remains prohibited in Great Britain, and cannabis for legal medical use continues to be limited to a large degree. Despite cannabis prohibition continuing to be a failed public policy approach by every meaningful measure, law enforcement leaders in Britain are urging a crackdown on personal cannabis possession and consumption.

“The country’s longest-serving chief constable admits the smell of the drug is a ‘sign of crime and disorder’ which makes even him ‘feel unsafe’.” reported Daily Mail. “Sir Andy Marsh, who leads the College of Policing, said frontline officers should ‘do something about it’.”

“Launching a new leadership programme for policing, they acknowledged forces were in a ‘foot race for public confidence’ and officers can no longer ignore what has traditionally been perceived as the ‘little stuff’.” the outlet also reported.

The comments made by Sir Andy Marsh were echoed by Greater Manchester Police Chief Sir Stephen Watson and Merseyside Chief Constable Serena Kennedy. Sir Andy Marsh reportedly also said that law enforcement “must listen to their communities and be prepared to take a tougher line.”

However, public opinion is not in line with the recent comments made by the law enforcement leaders. A recent YouGov UK poll asked adults in the United Kingdom, “Would you support or oppose decriminalising possession of small amounts of cannabis for personal use?”

A combined 54% of poll respondents expressed support for the public policy change. Only 34% of poll respondents directly opposed cannabis decriminalization in the United Kingdom, with 13% being undecided.

In 2022, London Mayor Sadiq Khan established the independent London Drugs Commission (LDC), tasking the Commission with examining cannabis policies in England’s capital city and other jurisdictions. The commission recently published its findings and recommended that personal cannabis possession be decriminalized, a recommendation that Mayor Khan reportedly supports.

“The report follows detailed analysis of written and oral evidence from over 200 experts and academics from London, the UK and around the world. Lord Falconer and his Deputies were assisted by leading experts from criminal justice, public health, community relations and drug policy and supported by academics from University College London (UCL).” The London Drugs Commission stated about its methodology.

“Inclusion of cannabis as a Class B drug in the Misuse of Drugs Act is disproportionate to the harms it can pose relative to other drugs controlled by the Act. The sentencing options currently available, especially for personal possession, cannot be justified when balanced against the longer-term impacts of experience of the justice system, including stop and search, or of serving a criminal sentence can have on a person.” The Commission stated about its report.

“Sir Sadiq Khan said current rules “cannot be justified”, adding that the commission’s findings had provided “a compelling, evidence-based case” for decriminalisation.” reported BBC in its local coverage.

Britain’s Cannabis Industry Still Hindered By Limited Policies

Medical cannabis became legal in Britain in November 2018 after the nation’s Home Secretary had rescheduled cannabis-derived medicinal products months prior. At the time, Britain’s medical cannabis law was one of the most restrictive on the planet, and it remains so to this day.

Only doctors on the GMC specialist register can prescribe medical cannabis products in Britain, and only two types of prescriptions are legal. The legal medical products are not like raw flower, edibles, or concentrated forms of cannabis like what is found in North America.

Rather, the medical cannabis products in Britain are cannabis-derived medications called Sativex and Epidyolex. Sativex is licensed in Britain to treat spasticity in Multiple Sclerosis.

Epidyolex is licensed in Britain for use in the treatment of seizures in children with Lennox-Gastaut syndrome, Dravet syndrome, and tuberous sclerosis complex. Both medications are also widely available in many other nations.

Medical cannabis via legal means remains an undesirable, if not impossible, option for many suffering patients in Britain, which is reflected in the size of Britain’s medical cannabis program. Per The Guardian:

As of today, over 60 countries have legalised some form of medicinal cannabis: since November 2018 that’s also been the case in Britain. Some 30,000 of us have already been prescribed cannabis for conditions ranging from arthritis to epilepsy, anxiety to multiple sclerosis.

By comparison, Germany has roughly a quarter million medical cannabis patients. While Germany’s overall population is greater than Britain’s, the difference is nowhere near enough to offset the disparity in legal patient numbers. Canada has a considerably smaller overall population than Britain, and yet it has roughly 200,000 legal medical cannabis patients.

Britain’s medical cannabis program will always be limited and never reach its full potential if the current laws and regulations remain the same. Britain’s suffering patients, all of them, deserve to have the option of pursuing safe access to proven medications.

Sativex and Epidyolex may be fine for some patients, however, their applications are very narrowly tailored, and there are suffering patients who would experience no meaningful benefits from taking them.

Additionally, even patients who currently take Sativex or Epidyolex would likely save a considerable amount of money and still receive the benefits of medical cannabis by consuming other forms of cannabis products via a variety of delivery methods.

Are Changes Coming To Cannabis Enforcement In Britain?

Earlier this year the Mayor of London, Sadiq Khan, launched a commission to explore London’s cannabis enforcement policies, which is something that he campaigned on as a candidate. Throughout 2022 Mayor Khan seemed to be promoting a policy that is essentially cannabis decriminalization.

Cannabis decriminalization is obviously not as good as outright legalization yet is clearly superior than arresting people caught with a personal amount of cannabis. Khan’s expressed desire to change London’s cannabis enforcement policies was condemned by other officials, including Steve Reed, the Labour’s Party’s shadow justice secretary.

As we previously reported, Reed made the ridiculous claim that cannabis decriminalization would “turn London into a drug supermarket.” It appears that Reed’s reefer madness talking points are not gaining as much traction in some circles as presumably hoped, with reports that the National Police Chiefs’ Council and College of Policing are proposing a less-harsh approach to cannabis penalties. Per Daily Mail:

First time users of cocaine and cannabis will be offered education or treatment programmes rather than being prosecuted under new plans being drawn up by police bosses.

Officers would agree to take no further action against those caught in possession of illegal drugs, including class A and B, for the first time under new proposals being drawn up by the National Police Chiefs’ Council and College of Policing.

The offender would therefore avoid a criminal record, however, they would be prosecuted if they failed to take part in education or treatment programmes or were caught with drugs again.

According to reporting out of Britain, fourteen police forces already use this enforcement approach, including law enforcement agencies in Durham, Thames Valley, and West Midlands. It’s not an optimal approach, however, it’s a step in the right direction.

No one should be forced into rehab or counseling simply because they were caught with cannabis. Cannabis possession, or even confirmed use, is not automatically problematic be default. If a consumer wishes to go to rehab for cannabis, so be it, but it should be a personal decision and not something that is imposed by the government.

Far More Britons Want Cannabis Laws Loosened Compared To Tightened

Cannabis policy discussions in London have made considerable headlines in recent weeks, with London Mayor Sadiq Khan currently in somewhat of a political showdown with some of his political peers.

Mayor Khan is exploring the idea of reforming the way that law enforcement handles simple cannabis possession in London. The policy exploration is part of the work that a newly formed commission is performing at the behest of Mayor Khan. He recently indicated that calls from his political peers to refrain from pursuing the work would not deter him.

Additional headlines were made when it was reported that Home Secretary Suella Braverman was considering changing cannabis’ classification level to a more restricted status. The Prime Minister’s office has since made it clear that what is being reported will not happen, although it’s still unclear to what degree Braverman wants to pursue the concept in the future, if at all.

YouGov recently conducted a poll, asking Britons, “Do you think that the current cannabis laws should be tougher, less tough, or are about right?”

“Home secretary Suella Braverman has been reportedly planning to change cannabis from a class B drug to a class A But only 23% of Britons want to see cannabis laws made tougher, with 42% wanting less tough laws, and 19% thinking they’re ok as they are.” YouGov tweeted regarding the poll’s results.

Sixteen percent of poll participants indicated that they ‘don’t know’ in response to the question being posed to them. Obviously, 42% is not a majority, and for that matter the poll was not legally binding in any way.

However, the fact that only 23% of Britons indicated that they wanted cannabis laws to be made tougher is encouraging, and something that shouldn’t be ignored by lawmakers.

More Britons Support Decriminalizing Cannabis Than Oppose It

While many parts of the world are now trending towards adult-use legalization and/or comprehensive medical cannabis reform, if they haven’t already implemented such reforms, Britain continues to lag behind.

Technically, Britain does allow limited use of cannabis for medical purposes, with a heavy emphasis on the word ‘limited.’ It’s estimated that well over a million people in Britain could benefit from medical cannabis, however, the number of people actually afforded safe access is minimal.

Non-medical cannabis reform seems even further out of reach than comprehensive medical cannabis reform, although that’s not due to a lack of support from British citizens.

YouGov recently conducted a survey in which it asked the question, “To what extent would you support or oppose the de-criminalisation of the following currently banned substances?”

Out of the fourteen substances listed, cannabis was the only substance that received a greater level of support compared to the level for opposing reform.

Forty-five percent of respondents expressed support for decriminalizing cannabis while forty-three percent were opposed. Thirteen percent of respondents indicated that they ‘don’t know’ which way they feel about the question.

The next closest substance on the results chart was mushrooms, which received 28% support, 55% opposed, and 17% undecided.

The thirteen percent of undecided citizens when it came to decriminalizing cannabis is obviously significant, in that it’s a large enough percentage of people that if they decided to join the ‘opposed’ camp, that would obviously result in a majority.

However, those people could just as easily fall on the ‘support’ side of the equation, and studies have consistently found that the level of support for cannabis reform in polls is lower than the actual level of support in society. Hopefully lawmakers in Britain take notice.

Will Boris Johnson’s Departure As Prime Minister Speed British Cannabis Reform?

The controversial politician was forced to announce his resignation last week. How will this affect the pace of British cannabis reform?

Through the lens of history, the passage of Boris Johnson through the country’s top political job may become forever associated, for good or for bad, with Brexit. How that plays out when it comes to forwarding cannabis reform in the now separated from EU regulations on the same is still unclear.

That said, on the CBD front, it appears that it’s full speed ahead. The Food Safety Authority (FSA) just announced that 12,000 CBD products are now legal for sale in the UK. This puts the country far ahead of the discussion in Europe, where Novel Food regulations have yet again put applications (and legalization) discussions on hold. However, one thing is also clear. The EU may have ruled that CBD is not a narcotic, but this change, along with any other decisions taken at this level, now has to be incorporated into national law in every EU country.

What Is Likely to Shake The Apple Cart?

Far more influential than anything the UK does right now is what is happening in Germany. The government has formally committed to recreational reform, formal hearings have been heard, a white paper will be issued and there is, more or less, a timetable of reform that is now being refined as necessary. The passage of recreational reform will also finally normalize the CBD conversation in Germany.

Beyond this, the normalization of cannabis in Europe’s largest economy – and the fourth largest in the world, will certainly move the needle not only in the EU but in the UK too.

From a medical standpoint, the issue has essentially stalled in the UK so far. That said, both Brexit and Covid – and now the tumult of British national politics – are not likely to be fertile ground for forward-thinking politics on this (or many other issues) until things become a bit less chaotic in the UK.

In the meantime, it is clear that limited cannabis reform is in the offing in special trials (see the mayor of London’s proposal on decrim).

For now, at least, as a result, “Global Britain” is following, not leading, on the cannabis discussion. And right now, all eyes are looking to the Bundestag, not Whitehall, to move the stakes if not the goalposts forward.

Could Boris Johnson’s No Confidence Vote Speed Up British Cannabis Reform?

The British Prime Minister faces an internal revolt over ‘Partygate’ – but if he loses, will this move cannabis reform faster in the UK?

The UK is a bit of a hot mess right now. While the Queen seems to float above the fray and Britons seem to be happily celebrating her 70 years on the throne in delightfully nostalgic ways, blowback from Covid and Brexit is the name of the game right now across the UK.

This is certainly true for the current resident of 10 Downing Street right now. Boris Johnson is facing a vote of no confidence from the rest of the Tory party. This is predominantly because of the scandal caused by a lack of compliance with the government’s own Covid rules. However, beyond this, the UK is now suffering from not only post-Covid supply chain problems and inflation but the lingering effects of Brexit.

If Johnson does win, he will not face another such challenge for a year. What happens to pending policies – like cannabis reform for the UK?

Cannabis Reform is not Party Driven

No matter the outcome of Johnson’s fate which will be decided on Monday evening (British time), it is unlikely to impact cannabis reform, one way or another, at least directly. There are several reasons. This starts, tragically with the fact that the Labor Party can be just as anti-cannabis as their colleagues across the aisle.

Indeed, it is very clear that the unsettled political environment of the UK right now is one of the largest detriments to having a debate on legalization. The only politician who has been consistently and vocally at least pro decriminalization is the mayor of London, Sadiq Khan. It is in his campaign for the same that one can hear the same kinds of reasons for legalization as in the United States. Namely, that stop and search activities by the police are predominantly targeted at minority youth.

Could German Legalization Influence the Brits?

It is very possible that German legalization later this year, along with several other EU countries (plus Switzerland) implementing some form of recreational reform will galvanize the debate here again. However, don’t expect miracles, much less fast ones. The UK does not even have a functioning medical cannabis access program backed by the NHS.

So, while the islands surrounding the UK are certainly hotbeds of reform, don’t look for any real change of policy on the mainland in the near future.

It is also crystal if not tragically clear that onshoring the debate is going to take more than the fall of a prime minister – and for reasons that everything to do with justice of all kinds – from economic to the political variety.

Both seem to be in noticeably short supply.

British Cannabis Chronic Pain Study Hits Setbacks

Plans for the second British medical cannabis study hit the skids after concerns it would “soften” criminal laws against cannabis use

The British have seen many roadblocks on the way to cannabis reform. This is not just when it comes to recreational cannabis. Despite the legalization of the CBD market earlier this month, high THC cannabis remains a political third rail – especially when used for chronic pain.

A recent trial to treat this condition with cannabis, launched by a private Harley Street clinic, has just been dramatically scaled back after it failed to gain the approval of a needed ethics panel.

The plan had been to enroll up to 5,000 patients and allow them to use a tamper-proof inhaler (at a cost of about $350 per month) to consume whole-plant cannabinoids, including THC. After that, the goal was to encourage the National Health Service (or NHS) to finally cover medical cannabis costs for patients suffering from chronic pain.

So far, while it is possible to obtain high THC cannabis in the UK for medical purposes, it is impossible to receive reimbursement for chronic pain – which the government explicitly excluded from coverage.

In the United States, chronic pain is the condition most cited for regular cannabis use.

About 1 in 3 adults in the UK suffers from chronic pain – a condition characterized as severe pain that lasts more than three months.

The Domino Effect

Those who opposed the trial seem less concerned about the health of British citizens, and more about the slippery slope of legalizing more widespread medical use.
The news is significant in that it comes on the heels of news that over 5,000 medical licenses have been issued on the island of Guernsey, where cannabis cultivation, including of the high THC kind, is well underway.

Those who opposed the new British trial specifically noted that medical reform has inevitably led to recreational reform.

Sadly, this newest defeat also means that the British public, even those who are legitimately sick and use the plant to treat medical conditions that are unresponsive to other drugs – still face criminal prosecution for doing so.

As any patient who relies on THC to treat chronic pain knows, CBD flower is a poor substitute. While many use CBD to take the most extreme edge off, it is not a long-term solution.

As of today, only Project TWENTY21 dispenses medical cannabis as part of a widespread trial in the UK.

Will The British Parliament Finally Pass Meaningful Cannabis Reform?

Sixty Members of Parliament call for reform of 50-Year-old UK Drugs’ Law

There is clearly a clarion call to change British cannabis policy right now – and it is emanating from increasingly senior politicians. The Mayor of London, Sadiq Khan has recently advocated for at least the decriminalization of cannabis in the capitol, along with a review of how police respond to minor possession.

Beyond this, however, there is yet another call at the federal level, in Parliament, for a review of the by now 50-year-old law making cannabis illegal, and further, unequivocally calling the current law “a disaster.” The Misuse of Drugs Act was passed in 1971.

Millions of British Users

According to data gathered by researchers, there are at least 2.5 million British cannabis users – although again this is a mixture of people who have conditions that cannabis is used to treat as well as users of the “recreational” or “adult use” kind. It is impossible to tell how many actual users there are (and for whatever purpose) in part because the entire vertical is still basically illegal. It is now possible to obtain a British cannabis prescription that is reimbursed by the NHS, but it is very difficult – plus now impossible for chronic pain patients to do so.

That said, cannabis as an economic boon is clearly a topic of some interest in the UK – starting with economic development projects on the Channel Islands. There is, in other words, increasing logic, and from the public health vs. law enforcement kind as well as the strictly economic variety, that says that cannabis reform is in the offing in Brexited Britain.

The question is, how much, and of what kind?

Here are three places where the emerging British cannabis market is going to have impact – both at home and abroad.

The Great British Medical Export

Cannabis has been a staple of British exports for some time. See GW Pharma. However, over the past several years, increasing numbers of firms have begun to set up both cultivation and extraction facilities. Those are coming online now – even if the Channel Islands may be “exporting” as much to the British mainland as they do elsewhere.

The CBD Conversation

The UK is currently going a bit bonkers over CBD reform because well, it is better than nothing. In the meantime, there are important conversations this approach is opening – like the regulation of the market on the cultivation and extraction if not labelling front. See Novel Food.

The London Equity Markets

No matter what else is going on, London is undoubtedly going to emerge as a strong player in the international equity markets for cannabis raises. Where they might be challenged on the continent is unclear (Switzerland, Luxembourg and still perhaps the Deutsche Börse). But the LSE is clearly in the game now.

Be sure to book your tickets to the International Cannabis Business Conference when it returns to Berlin in August 2021 for a full overview of changing cannabis regulation across Europe and the UK.