APCDLO Medicinal Cannabis and the Police guidance

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 February  2025     
Medicinal  Cannabis  and  the  Police  –   Guidance  for  Officers  and  Staff  
 Prepared  by  the  Association  of  Police  Controlled  Drug  Liaison  Officers  
(APCDLO)
  Cannabis  –  The  Wider  Context  Cannabis  evolved  around  28  million  years  ago  on  the  Tibetan  Plateau.  It  has  been  
used
 
for
 
a
 
variety
 
of
 
purposes
 
by
 
humans
 
since
 
our
 
arrival
 
on
 
the
 
planet
 
around
 
300,000
 
years
 
ago.
 
For
 
example,
 
as
 
a
 
medicine,
 
as
 
part
 
of
 
religious
 
rituals
 
and
 
for
 
pleasure.
 
 In  the  last  one  hundred  years,  cannabis  has  become  a  much  more  controversial  
issue
 
with
 
a
 
fierce
 
social,
 
political
 
and
 
medical
 
debate
 
about
 
its
 
use,
 
potential
 
dangers
 
and
 
benefits.
 In  the  twentieth  century  cannabis  became  subject  to  tighter  regulation  and  prohibition  
in
 
many
 
countries.
 
Cannabis
 
is
 
now
 
being
 
seen,
 
by
 
some
 
doctors
 
and
 
in
 
some
 
countries,
 
as
 
a
 
medicine
 
that
 
can
 
help
 
patients
 
suffering
 
from
 
certain
 
conditions
 
and
 
ailments
 
when
 
other
 
treatments
 
have
 
proved
 
ineffective.
 
 The  below  guidance  has  been  prepared  specifically  for  police  officers  and  police  staff  
who
 
may
 
encounter
 
those
 
who
 
have
 
been
 
prescribed
 
medicinal
 
cannabis.
 
It
 
has
 
involved
 
extensive
 
consultation
 
with,
 
and
 
feedback
 
from,
 
our
 
health
 
care
 
and
 
other
 
partners.
 
  Purpose  of  This  Guidance  
 

  
1.  To  provide  common  sense  and  practical  guidance  to  front  line  
police
 
officers
 
and
 
staff
 
on
 
the
 
key
 
issues
 
relating
 
to
 
medicinal
 
cannabis
 2.  To  ensure  that  patients  prescribed  medicinal  cannabis  can  
possess
 
it
 
without
 
undue
 
hindrance
 
from
 
the
 
police
 3.  To  develop  cooperation  and  reduce  any  potential  conflict  between  
the
 
police
 
and
 
patients
 
prescribed
 
medicinal
 
cannabis
 
 Legislation  When  dealing  with  controlled  drugs,  the  main  legislation  impacting  on  police  officers  
and
 
support
 
staff
 
is
 
the
 
Misuse
 
of
 
Drugs
 
Act
 
1971.
 
The
 
Act
 
creates
 
three
 
Classes
 
of
 
controlled
 
drugs
 
based
 
upon
 
risk,
 
it
 
categorises
 
cannabis
 
and
 
cannabis-based
 
products
 
for
 
medicinal
 
use
 
(CBPMs)
 
as
 
Class
 
B
 
controlled
 
drugs
 
with
 
associated
 
penalties
 
for
 
possession,
 
supply,
 
cultivation
 
and
 
production.
 However,  there  is  a  great  deal  of  other  legislation  that  exists  to  control  and  regulate  
controlled
 
drugs.
 
Health
 
care
 
partners
 
primarily
 
use
 
the
 
Misuse
 
of
 
Drugs
 
Regulations
 
2001
 
which
 
legalises
 
the
 
possession,
 
production,
 
supply
 
and
 
administration
 
for
 
authorised
 
individuals
 
of
 
controlled
 
drugs
 
that
 
have
 
important
 
medical
 
uses.
 
This
 
categorises
 
controlled
 
drugs
 
into
 
five
 
Schedules.
  
 Schedule  1  contains  drugs  which  are  deemed  to  have  no  current  medical  benefit.  
For
 
example,
 
raw
 
opium
 
and
 
LSD.
 
These
 
drugs
 
are
 
not
 
banned
 
completely,
 
they
 
can
 
be
 
used
 
in
 
scientific
 
research
 
but
 
this
 
requires
 
a
 
specific
 
Home
 
Office
 
licence.
 Schedule  2  contains  drugs  which  have  important  medical  uses  but  must  be  tightly  
controlled,
 
managed
 
and
 
stored
 
due
 
to
 
their
 
greater
 
potential
 
for
 
abuse
 
and
 
addiction.
 
Examples
 
are
 
morphine
 
and
 
ketamine.
 
Cannabis
 
based
 
products
 
for
 
medicinal
 
use
 
(CBPMs)
 
are
 
also
 
in
 
Schedule
 
2.
 Controlled  drugs  falling  into  Schedules  3  to  5  are  subject  to  less  restrictive  
arrangements
 
but
 
risk
 
still
 
remains.
 
Examples
 
include
 
tramadol
 
and
 
some
 
benzodiazepines.
 
 On  1
 st
 November  2018,  The  Misuse  of  Drugs  (Amendments)  Regulations  2018  came  
into
 
force.
 
This
 
legislation
 
placed
 
cannabis-based
 
products
 
for
 
medicinal
 
use
 
(CBPMs)
 
into
 
Schedule
 
2.
 
 It  should  be  noted  that  cannabis  per  se  (i.e.  cannabis  that  is  not  produced  or  
regulated
 
as
 
a
 
medical
 
product)
 
still
 
remains
 
a
 
Schedule
 
1
 
controlled
 
drug.
     
 

  
What  Are  Cannabis  Based  Products  for  Medicinal  Use  (CBPMs)?   The  NHS  defines  medicinal  cannabis  as  a  broad  term  for  any  sort  of  cannabis-based  
medicine
 
used
 
to
 
relieve
 
symptoms
 
(May
 
2022).
 Home  Office  guidance  defines  medicinal  cannabis  or,  to  use  its  more  correct  term,  
cannabis-based
 
products
 
for
 
medicinal
 
use
 
(CBPMs),
 
as
 
follows;
 ●  The  product  is  or  contains  cannabis,  cannabis  resin,  cannabinol  or  a  
cannabinol
 
derivative
 ●  It  is  produced  for  medicinal  use  in  humans  and  ●  It  is  a  product  that  is  regulated  as  a  medicinal  product  or  an  ingredient  of  a  
medical
 
product
 
(Home
 
Office,
 
2024)
 Cannabis  can  have  different  pharmaceutical  forms,  strengths  or  efficacy  and  can  be  
made
 
up
 
of
 
many
 
components.
 
The
 
two
 
main
 
ones
 
are
 
CBD
 
and
 
THC.
 
CBD
 
is
 
the
 
non-psychoactive
 
component
 
whereas
 
THC
 
is
 
the
 
part
 
that
 
can
 
create
 
euphoria
 
in
 
humans
.
 
Further
 
details
 
can
 
be
 
found
 
in
 
the
 
Home
 
Office
 
Factsheet
 
(see
 
below).
 CBPMs  can  be  both  licensed  and  unlicensed  (see  below) .      Making  it  Legal  There  is  now  a  legal  route  for  unlicensed  cannabis-based  products  to  be  used  as  a  
medicine
 
but
 
prescribing
 
can
 
only
 
be
 
initiated
 
by
 
specialist
 
doctors.
 
These
 
doctors
 
must
 
be
 
on
 
the
 
General
 
Medical
 
Council
 
(GMC)
 
Specialist
 
Register.
 
However,
 
once
 
initiated,
 
other
 
health
 
care
 
prescribers
 
can
 
continue
 
prescribing
 
under
 
the
 
specialist’s
 
direction.
 
Other
 
prescribers
 
can
 
include
 
GPs,
 
nurses
 
and
 
pharmacists.
 
 Just  like  any  other  controlled  drug,  no  offence  is  committed  if  a  patient  who  has  been  
lawfully
 
prescribed
 
a
 
CBPM
 
has
 
it
 
in
 
their
 
possession.
 It  is  also  lawful  to  possess  a  CBPM  as  part  of  an  approved  clinical  trial.     Licensed  and  Unlicensed  CBPMs  Currently,  only  a  small  number  of  cannabis  based  medicines  are  licensed  for  use.  
For
 
example,
 
Epidyolex@
 
has
 
been
 
shown
 
in
 
clinical
 
trials
 
to
 
be
 
effective
 
in
 
treating
 
certain
 
types
 
of
 
epilepsy.
 
Licensed
 
products
 
do
 
not
 
need
 
to
 
be
 
prescribed
 
by
 
a
 
specialist
 
doctor.
 Almost  exclusively,  the  CBPMs  that  police  encounter  are  private  prescriptions  which  
are
 
unlicensed.
 
An
 
unlicensed
 
medicine
 
has
 
not
 
received
 
what
 
is
 
known
 
as
 
‘market
 
authorisation’.
 
It
 
is
 
not
 
officially
 
approved
 
for
 
treating
 
a
 
patient’s
 
particular
 
condition
 
but
 
a
 
doctor
 
can
 
prescribe
 
it
 
if
 
they
 
feel
 
it
 
will
 
provide
 
a
 
safe
 
and
 
effective
 
treatment.
 
This
 
is
 
a
 
relatively
 
common
 
medical
 
practice.
 The  key  point  to  note  as  far  as  this  guidance  is  concerned,  is  that  unlicensed  does  
not
 
mean
 
unlawful.
 
  
 

  
What  does  this  mean  to  me  as  a  Police  Officer  or  Support  Staff  member?  A  very  common  question  asked  by  officers  and  staff  is,   ‘W hat  should  I  do  if  I  encounter  a  patient  who  states  they  are  legally  in  possession  of  
medicinal
 
cannabis?’
 General  and  common  sense  advice  is  to;    1.  Ask  to  see  the  original  packaging  in  which  the  cannabis  is  provided  2.  Look  for  the  dispensing  label  as  this  contains  important  information  about  the  
medicine
 
and
 
the
 
patient
 
to
 
whom
 
it
 
is
 
prescribed
 3.  The  patient  should  have  a  letter  from  their  prescriber  or  a  copy  of  their  original  
prescription.
 
But
 
there
 
is
 
no
 
legal
 
requirement
 
to
 
possess
 
these
 
documents
  
 4.  If  they  have  a  letter,  this  should  include  the  patients  details  (including  name  
and
 
address),
 
as
 
well
 
as
 
the
 
prescribing
 
doctor’s
 
name
 
and
 
contact
 
details
 5.  The  person  should  be  able  to  show  ID  to  validate  these  documents  6.  If  no  packaging,  labelling  or  other  documentation  is  available  it  is  suggested  
that
 
officers
 
consider
 
further
 
enquiries
 
with
 
health
 
care
 
partners.
 
This
 
could
 
mean
 
contacting
 
the
 
prescriber
 
or
 
cannabis
 
clinic
 
 7.  Further  police  action  should  only  follow  if  the  officer  has  justifiable  grounds  for  
believing
 
that
 
the
 
individual
 
is
 
NOT
 
a
 
patient
 
who
 
has
 
lawfully
 
been
 
prescribed
 
medicinal
 
cannabis
 
 This  can  only  ever  be  general  advice .  It  is  hoped  that  medicinal  cannabis  patients  
will
 
be
 
made
 
aware
 
of
 
the
 
above
 
guidance
 
by
 
their
 
health
 
care
 
providers.
 
 Please  remember  that  people  in  lawful  possession  of  medicinal  cannabis  are  
patients.
 
They
 
are
 
very
 
likely
 
to
 
be
 
suffering
 
from
 
chronic
 
pain
 
and/or
 
other
 
serious
 
ailments.
 
Medicinal
 
cannabis
 
will
 
only
 
be
 
prescribed
 
to
 
an
 
individual
 
when
 
other
 
medicines
 
and
 
treatments
 
have
 
not
 
been
 
effective.
  
 It  should  be  assumed  that  people  in  possession  of  medicinal  cannabis  are  patients  
until
 
proven
 
otherwise.
 
 It  is  lawful  to  possess  a  CBPM  as  part  of  an  approved  clinical  trial.  Police  are  unlikely  
to
 
encounter
 
this
 
situation
 
but
 
the
 
above
 
advice
 
should
 
still
 
be
 
followed.
  
  Cancards  Cancards  are  plastic  cards  indicating  a  holder  has  a  medical  condition  that  is  
treatable
 
with
 
cannabis.
 
This
 
does
 
not
 
mean
 
they
 
have
 
a
 
prescription
 
for
 
medicinal
 
cannabis.
 Patients  prescribed  medicinal  cannabis  are  in  receipt  of  documentation  from  their  
prescriber
 
and
 
therefore
 
have
 
no
 
need
 
for
 
a
 
Cancard
 
which
 
charges
 
an
 
annual
 
fee.
  Cancards  are  a  controversial  and  misunderstood  area.  If  you  require  more  
information
 
please
 
contact
 
your
 
Force
 
Controlled
 
Drug
 
Liaison
 
Officer
 
(CDLO).
  
 

  
Smoking  Medicinal  Cannabis  The  smoking  of  medicinal  cannabis  is  strictly  prohibited  by  the  legislation.   It  should  be  noted  that  vaping  is  distinct  from  smoking  as  smoking  involves  
combustion.
 CBPMs  should  only  be  taken  as  directed  by  the  prescriber.  This  could  include  using  
a
 
mechanical
 
device
 
to
 
inhale,
 
in
 
spray
 
form
 
or
 
as
 
an
 
oil
 
or
 
liquid
 
but
 
smoking
 
is
 
not
 
permitted.
 The  smoking  of  cannabis,  in  public  and  private  places,  can  be  an  anti-social  
behaviour
 
issue.
 
You
 
may
 
wish
 
to
 
explain
 
these
 
regulations
 
to
 
partner
 
agencies.
  Medicinal  Cannabis  and  Driving  Legislation  already  exists  in  relation  to  driving  whilst  a  patient  is  on  prescribed  
medication.
 
This
 
should
 
be
 
followed
 
in
 
relation
 
to
 
medicinal
 
cannabis.
 
 In  the  United  Kingdom,  all  packages  and  receptacles  containing  CBPMs  must  have  
warnings
 
about
 
the
 
possibilities
 
of
 
the
 
medication
 
causing
 
drowsiness,
 
dizziness
 
and
 
the
 
subsequent
 
dangers
 
of
 
driving
 
and
 
operating
 
machinery.
 
 It  is  illegal  to  drive,  with  legal  drugs  in  the  body,  if  this  impairs  an  individual’s  driving  
ability.
 
If
 
a
 
patient
 
is
 
unsure
 
whether
 
their
 
prescribed
 
medication
 
affects
 
their
 
ability
 
to
 
drive
 
they
 
should
 
consult
 
their
 
prescribing
 
doctor.
 
This
 
places
 
responsibility
 
on
 
the
 
individual
 
driver.
 
 Full  details  can  be  found  under  ‘ Drugs  and  driving:  the  law’  on  the  Gov.UK  website.     Further  Advice  and  Support  Medicinal  cannabis  is  a  new  and  challenging  area.  Concerns,  questions  and  
problems
 
will
 
occur
 
and
 
should
 
be
 
expected.
 
 It  has  only  been  possible,  in  this  document,  to  provide  some  general  guidance.  You  can  seek  further  advice  and  assistance  from  your  Force  Controlled  Drug  Liaison  
Officer
 
(CDLO).
 
A
 
full
 
list
 
of
 
CDLOs
 
can
 
be
 
found
 
at
 https://www.apcdlo.org  Or  you  can  contact  the  police  service  representative  on  the  Care  Quality  
Commission
 
(CQC)
 
National
 
Controlled
 
Drug
 
Group
 
–
 
Richard
 
List
 
QPM.
 Richard.list@thamesvalley.police.uk  A  ‘Short  Summary’  for  Operational  Officers  and  Staff  The  Department  of  Health  and  Social  Care  has  kindly  proposed  a  ‘short  summary’  of  
this
 
guidance
 
for
 
operational
 
officers
 
and
 
staff;
 
 

  
1.  Since  1  November  2018,  cannabis-based  products  for  medicinal  use  
(CBPMs)
 
have
 
been
 
legal
 
to
 
possess
 
in
 
accordance
 
with
 
an
 
NHS
 
or
 
private
 
prescription,
 
or
 
as
 
part
 
of
 
a
 
clinical
 
trial
 2.  Patients  should  be  able  to  provide  proof  of  their  prescription  and  identification  
should
 
match
 
that
 
on
 
the
 
prescription,
 
doctors
 
letter
 
or
 
product
 
label
 3.  If  in  doubt,  make  further  enquiries  with  the  healthcare  professional  or  provider  
named
 
on
 
any
 
patient/product
 
documentation
 
to
 
verify
 
lawful
 
possession.
  This  may  be  more  useful  for  officers  and  staff  when  they  do  not  have  access  to  the  
full
 
guidance
 
  Home  Office  Circular  rescheduling  Cannabis  as  a  medicine  in  humans  Home  Office  Circular  018  2018  (below)  provides  further  detail  about  the  
re-scheduling
 
of
 
cannabis-based
 
products
 
for
 
medicinal
 
use
 
in
 
humans.
 https://www.gov.uk/government/publications/circular-0182018-rescheduling-of-cannabis-based- publications  products-for-medicinal-use-in-humans Other  Useful  Links For  drugs  legislation  -  https://www.legislation.gov.uk/uksi/2001/3998/contents A  list  of  the  most  commonly  encountered  drugs  currently  controlled  under  misuse  of  drugs  legislation  can  be  found  at  Gov.UK  (www.gov.uk).  Home  Office  ‘ Drug  licensing  factsheet;  cannabis,  CBD  and  other  cannabinoids’  
(Home
 
Office,
 
Updated
 
3
 
October
 
2024)
 
(www.gov.uk)    Sources;  British  National  Formulary  -  BNF  85  (March  to  September  2023).  Royal  
Pharmaceutical
 
Society
 
/
 
BMA
 ‘ Cannabis,  Seeing  through  the  Smoke  –  The  New  Science  of  Cannabis  and  Your  
Heath’
 
by
 
Professor
 
David
 
Nutt
 
(Yellow
 
Kite,
 
2021)
 ‘Drugs  Without  the  Hot  Air  –  Making  sense  of  legal  and  illegal  drugs’  by  Professor  
David
 
Nutt
 
(UIT
 
Cambridge,
 
2021)
 Letter  from  Professor  Dame  Sally  Davies  ‘Cannabis  based  products  for  Medicinal  
Use’.
 
Department
 
of
 
Health
 
and
 
Social
 
Care
 
/
 
NHS.
 
31
 
October
 
2018
 
 The  Misuse  of  Drugs  (Amendment)  (Cannabis  and  Licensing)  (England,  Scotland  
and
 
Wales)
 
Regulations
 
2018
 CANCARD  website  (accessed  21.11.2024)  
 

  
‘Medicine,  Ethics  and  Practice.  Edition  46’.  The  Royal  Pharmaceutical  Society  (July  
2023)
 ‘Drug  Use,  Drug  Problems,  Drug  Control:  A  Political  Economy  Perspective’  by  
Seddon,
 
T
 
and
 
Stevens,
 
A
 
in
 
‘The
 
Oxford
 
Handbook
 
of
 
Criminology’
 
Seventh
 
Edition
 
edited
 
by
 
Liebling,
 
Maruna
 
and
 
McAra
 
(OUP,
 
2023)
 
 ‘Drug  Science  and  British  Drug  Policy;  Critical  Analysis  of  the  Misuse  of  Drugs  Act  
1971’
 
Edited
 
by
 
Crome,
 
I,
 
Nutt,
 
D
 
and
 
Stevens,
 
A
 
(Waterside
 
Press,
 
2022)
  Review  by  Health  Care  Partners  Health  care  partners  from  the  NHS  have  kindly,  and  independently,  reviewed  this  
document
 
against
 
the
 
following
 
publications
 
to
 
ensure
 
accuracy;
 
 ●  The  Royal  Pharmaceutical  Society:   Medicines,  Ethics  and  Practice,  edition  
46,
 
July
 
23
 ●  NICE  Guidance  144:  Cannabis  Based  Medicinal  Products,   ●  GMC  advise  on  CBPM  prescribing  and  specialist  register  (Information  for  
doctors
 
on
 
Cannabis-based
 
products
 
for
 
medicinal
 
use
 
(CBPMs)
 ●  NHS  England:  Cannabis  Based  products  for  Medicinal  Use  ●  Home  Office  Circular  2018:  rescheduling  of  Cannabis-based  products  for  
medicinal
 
use
 
in
 
humans,
 
1
st
 
Nov
 
2018
 ●  The  Misuse  of  Drugs  (Amendments)  (Cannabis  and  Licence  Fees)(England,  
Wales
 
and
 
Scotland)
 
Regulations
 
2018
 ●  MHRA:  A  Guide  to  what  is  a  medicinal  product,  MHRA  Guidance  Note  8,  
Appendix
 
10,
 
Mar
 
2020
 ●  CQC:  Cannabis  products  for  medicinal  use  Richard  List  QPM,  BA  (Hons),  MSc  
Controlled  Drug  Liaison  Officer,  Thames  Valley  Police  
APCDLO  Committee  Member  
Police  representative  on  National  CQC  Controlled  Drug  sub  group  
Honorary  Senior  Fellow  in  Professional  Practice  at  the  University  of  Buckingham  
 
November  2025