Home Office reply and initial smoking extract, 13 March 2026
JBD request: 24 February 2026 · JBD filing reference: FOI_1C1 · Authority case reference: FOI2026/02862
- JBD request date
- 24 February 2026
- JBD internal filing reference
- FOI_1C1
- Authority case reference
- FOI2026/02862
Open or download the complete original
Home Office ministerial disclosure
- Home Office reply and initial smoking extract, 13 March 2026
- Home Office fuller disclosure reply, 16 April 2026
- Earlier Home Office submission about ACMD advice, 11 September 2018
- Home Office smoking-options submission, 13 September 2018
- Home Secretary decision email chain, disclosed 16 April 2026
Document text
The complete original retains the page layout and any redactions.
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2 Marsham Street London SW1P 4DF www.gov.uk/home-office Pete Lindsay pete.lindsay@justicebydesign.org.uk 13 March 2026 Dear Pete Lindsay Freedom of Information Request: FOI2026/02862 Thank you for your email of 24 February, which we have included as Annex A. Your request has been handled as a request for information under the Freedom of Information Act 2000 (FOIA). For points 1 and 2 of your request, we can disclose the information set out in the enclosed Annex B and Annex C. We have provided the recommendation made by the ACMD to the Home Office at the time the legislation was under consideration, and the government’s response. This has been included in Annex B. We have also provided advice from Home Office and DHSC officials on smoking, that was provided to the Minister at the time the decision was under consideration. This has been included in Annex C. For point 3 of your request we have searched for the requested document or passage and did not find a result. If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting a complaint within two months to foirequests@homeoffice.gov.uk, quoting reference FOI2026/02862. If you ask for an internal review, it would be helpful if you could say why you are dissatisfied with the response. As part of any internal review the Department's handling of your information request would be reassessed by staff who were not involved in providing you with this response. If you were to remain dissatisfied after an internal review, you would have a right of complaint to the Information Commissioner as established by section 50 of the FOIA. A link to the Home Office Information Rights Privacy Notice can be found in the following link. This explains how we process your personal information: https://www.gov.uk/government/publications/information-rights-privacy-notice. Yours sincerely Public Safety Group
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ANNEX A Thank you for your response under section 12 of the Act in relation to my FOI 1C request. In light of that response, I am narrowing the scope of my enquiry. I now seek only identification of the recorded material relied upon when making the following statement in ministerial correspondence: “The ACMD has previously recommended that any prescription of cannabis-based products for medicinal use should not include smoking as a route of administration due to the harms associated with smoking.” Please provide: 1. The specific Advisory Council on the Misuse of Drugs (ACMD) document(s), report(s), letter(s), minutes, or other recorded advice relied upon when making the above statement. 2. For each document identified: o the title, o the date, and o the specific paragraph, section, or passage relied upon. 3. Identification of any ACMD document or passage in which criminal prohibition of smoked administration of a prescribed cannabis-based product for medicinal use was recommended. If no such document or passage exists in relation to paragraph 3, please confirm this explicitly. For clarity, I am not requesting drafting history, internal policy analysis, equality assessments, or wider documentation. I am requesting only identification of the recorded ACMD material relied upon for the specific ministerial statement quoted above. If this refined request is considered to exceed the appropriate cost limit, I would be grateful for advice under section 16 of the Act as to how it may be further narrowed so that the relevant recorded material can be identified. If any exemption is relied upon, please identify the exemption(s) engaged and provide the recorded reasoning, including the outcome of any public interest test.
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ANNEX B – RELEVANT PARAGRAPHS FROM DOCUMENTS TITLED: "LETTER FROM THE ACMD TO THE HOME SECRETARY RE: CONSULTATION ON CANNABIS-DERIVED MEDICINAL PRODUCTS" (DATED 11 SEPTEMBER 2018); AND “LETTER FROM THE HOME SECRETARY TO THE ACMD RE: CANNABIS-BASED PRODUCTS FOR MEDICINAL USE” (DATED 21 SEPTEMBER 2018) Route of administration The ACMD previously identified potential risks related to inappropriate prescribing and diversion of CDMPs. In addition to providing a clear content description, the form and specific dosing instructions should, as with any other prescription, be clearly stated on the prescription. The ACMD recommends that the route of administration be included as an additional prescription requirement for CDMPs. The ACMD does not anticipate that smoking will be a permissible route of administration of a CDMP as there is evidence of harms associated with smoking Cannabis. Recommendation 6 The DHSC and NHS England (and their equivalents in Scotland, Wales and Northern Ireland) to ensure that the route of administration is stated on prescriptions to help to ensure patient safety and reduce diversion. Producers of CDMPs should be required to state the appropriate route of consumption of their product. CDMPs should not be administered by smoking. We accept this recommendation. The Human Medicines Regulations 2012 require that dispensed medicines are labelled with instructions for use so that patients are clear how products should be administered, how often and in what strength. Pharmacists can seek advice from the prescriber if this is not clear from the prescription/direction. In sourcing products, the pharmacists or importers will wish to make sure the product is suitable for the specified route of administration. We share the ACMD’s concerns about the smoking of these cannabis-based products for medicinal use due to the known harms of smoking and the potential operational impact on misuse and diversion this could have due to its close association with recreational cannabis. As such, we have decided to include this restriction within the amendment to the 2001 Regulations which means that the administration of cannabis-based products for medicinal use by smoking will remain prohibited.
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ANNEX C – ‘SMOKING SECTION OF SUBMISSION TITLED CANNABIS: OPTIONS ON DEFINITION OF CANNABIS BASED MEDICINAL PRODUCTS (CBPMs)’ This submission was sent from the Home Office Drugs and Alcohol Unit to the Home Secretary and Policing Minister for a decision on 13 September 2018, and set out the proposed approach to smoking: Smoking 11. You have previously raised concerns about the potential for medicinal cannabis products to be smoked. This concern is reflected in the ACMD’s advice which states ‘Cannabis Derived Medicinal Products should not be administered by smoking’. Some controls already exist in this regard in relation to landlords/occupiers to prevent smoking in premises, but these will be difficult to enforce and will not prevent cannabis being smoked in public. 12. DHSC colleagues assess the likelihood that specialist clinicians prescribing cannabis for the purposes of smoking to be extremely low (even without further mitigating action). This likelihood is legitimately applicable only in limited situations where the harm of smoking is outweighed by the benefit to the patient, for example in a terminally ill patient (eg relief of nausea in cancer sufferers). This means that the circumstances in which cannabis could be legitimately prescribed for smoking would be very narrow. Given the potential diversion risk that this would represent, we recommend taking further action to mitigate against the risk of cannabis being smoked. 13. We propose the following to mitigate the risk of smoking. a. Inclusion of a specific regulation to prevent administration of cannabis by smoking: We propose introducing a requirement for a person not to administer a cannabis based product for medicinal use in humans by smoking. b. Strong guidance: NHS England will issue guidance to accompany the law change in October, providing strong messages in the clinical guidance that prescribing cannabis for the purposes of smoking is unlikely to be appropriate, whether prescribed privately or in the NHS. c. Professional regulation: Specialist clinicians are subject to professional regulation by the General Medical Council. Any prescribing contrary to that outlined in NHS England guidance could be considered in disciplinary proceedings. Serious or persistent failure to follow professional guidance could result in clinicians being restricted in practice, suspended, or struck off. Should a specialist clinician prescribe for the purposes of recreational use (i.e. rogue prescription), s/he will be going outside their powers as a prescriber and may therefore be committing an offence of unlawful supply and criminal sanctions may apply. 14. The approach of restricting smoking within the regulations has the benefit of establishing a clear line between licit and illicit/recreational use of cannabis. It would make clear to a police officer encountering smoking on the street for example, that an offence has likely been committed and serves to mitigate against the risk of decriminalisation by the back door. 15. This restriction would not apply to vaping. We envisage that some patients might use an appropriate medicinal devise to vape a cannabis-based product. This could be a legitimate approach clinically.