CPS 14145 response 17 April 2026

Authority case reference: 14145

Operational handling and outcomes

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OFFICIAL  
 
 
 
 
 
     Crown Prosecution Service HQ 
    102 Petty France 
     Westminster 
  SW1H 9EA 
 
                            
 
    
   cps.gov.uk  @cpsuk                    Crown Prosecu tion Service                @crownprosecutors 
Pete Lindsay 
By email 
pete.lindsay@justicebydesign.org.uk  
 
17 April 2026 
 
Ref:  14145  
 
Dear Pete Lindsay, 
 
Freedom of Information Act 2000 Request   
 
Thank you for your Freedom of Information (FOIA) request which we received on 25 March 2026.  
 
Section 1 of the FOIA gives you the right to know whether we hold the information you want and to 
have it communicated to you, subject to any exemptions which may apply. It is a public disclosure 
regime, not a private regime. This means that any information disclosed under the FOIA, by 
definition, becomes available to the wider public. 
 
 
This request is made under the Freedom of Information Act 2000.  
 
It is submitted as part of an ongoing, transparent research programme examining the 
regulatory, criminal-law, equality, and real-world impacts of the framework governing 
cannabis-based products for medicinal use (CBPMs). The programme builds on 
material previously submitted to the Advisory Council on the Misuse of Drugs (ACMD) 
Call for Evidence on CBPMs, which closed on 17 Octo ber 2025, and on subsequent 
analytical updates and correspondence provided to t he ACMD as the evidence base 
has continued to develop.  
 
This request concerns written prosecutorial guidanc e maintained by the CPS in 
relation to circumstances involving individuals asserting lawful prescription of CBPMs.  
For clarity:  
• This request concerns formally adopted written prosecutorial guidance only.  
• If CBPMs are addressed solely under general Schedule 2 controlled-drug  
frameworks with no CBPM-specific differentiation, pl ease confirm this 
explicitly.

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cps.gov.uk @cpsuk Crown Prose cution Service @crownprosecutors
• No case-level or statistical data is requested.
• It does not extend to draft material or informal communications.

If no information is held in relation to any item below, please confirm this explicitly.

1. Charging Guidance
In relation to charging decisions in possession cases where lawful prescription of a
cannabis-based product for medicinal use (CBPM) is asserted, please provide any
written guidance addressing:
• assessment of whether the exemption provided under Regulation 16A of the
Misuse of Drugs Regulations 2001 applies; and
• circumstances in which possession offences under the Misuse of Drugs Act
1971 may nevertheless be charged.

The Crown Prosecution Service (CPS) does not hold any Cannabis Based Products for Medical
Use (CBPM)-specific written prosecutorial guidance addressing the matters set out in the
request.

The CPS has not produced formally adopted guidance that differentiates cannabis-based
products for medicinal use from other controlled drugs for the purposes of charging
decisions, evidential assessment, or discontinuance.

Prosecutorial decisions in cases involving controlled drugs, including cannabis-based
products for medicinal use, are taken in accordance with the
Code for Crown Prosecutors
and existing general legal guidance on drug offences, including guidance relating to the
Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001. Where an individual
asserts lawful authority or exemption under the Misuse of Drugs Regulations 2001, this is
considered on the facts of the individual case within the existing statutory framework.

2. Evidential Standards
In relation to evidential assessment of lawful poss ession, please provide written
guidance identifying documentation regarded as suff icient to establish
prescription validity.

The CPS does not hold separate written guidance setting out CBPM-specific evidential
thresholds or documentation requirements.

3. Discontinuance Principles
In relation to discontinuance of proceedings follow ing verification of lawful
prescription, please provide any written guidance addressing criteria applied.

The CPS does not hold CBPM-specific written guidance governing discontinuance of
proceedings. Decisions to discontinue are made in accordance with the Code for Crown
Prosecutors and existing general legal principles.

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   cps.gov.uk  @cpsuk                      Crown Prose cution Service                 @crownprosecutors 
4.  Governance  
Please provide recorded information setting out own ership and review 
mechanisms for CBPM-related prosecutorial guidance. 
 
As no CBPM-specific prosecutorial guidance exists, the CPS does not hold recorded 
information setting out governance, ownership, or review mechanisms for such guidance. 
 
 
If you are not satisfied with this response, you have the right to request an internal review by 
responding in writing to the address below within two months of the date of this response. The 
internal review will be handled by a member of CPS staff who has not been involved with your 
original request. 
 
IAT@cps.gov.uk  
 
Information Access Team 
Floor 8 
102 Petty France 
London 
SW1H 9AJ 
 
You do have the right to ask the Information Commissioner’s Office (ICO) to investigate any aspect 
of your complaint. Please note, however, that the ICO is likely to expect internal complaints 
procedures to have been exhausted before beginning their investigation. 
 
The ICO asks that complaints are submitted via their online portal at 
www.ico.org.uk/foicomplaints . 
 
Alternatively, you may contact the ICO at:  
 
Information Commissioner’s Office 
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire SK9 5AF 
 
icocasework@ico.org.uk  
 
Yours sincerely 
 
Ms Wolstencroft 
Associate Corporate Knowledge & Information Manager  
Information Access Team | Corporate Knowledge & Information 
Digital Information Directorate 
Telephone: 0203 357 0788 
Email: 
iat@cps.gov.uk