1) If I get cannabis on prescription, can I smoke it?
No – not under current law. Regulation 16A(3) makes smoking a criminal offence even when the medicine is prescribed. The briefing explains how that rule was added in 2018 and why it remains one of the biggest barriers to safe, lawful care.
2) Why is cannabis treated differently from other medicines?
Smoking can bring relief within seconds, but current regulations make it an offence – even when the medicine is prescribed. The briefing document, Discrimination by Design, explains how a single clause, Regulation 16A(3), created this contradiction and why it matters for equality and patient safety.
3) What if I’m stopped by police while carrying my medicine?
You can lawfully carry your prescribed product in its original container.
But many officers don’t yet understand the regulations, leading to confiscations or even arrests. Discrimination by Design looks at why enforcement remains inconsistent and what equality law says about it.
4) Can I drive while using prescribed cannabis?
Yes, under DVLA medical-use rules – but testing still struggles to tell prescription from misuse.
The evidence shows how this gap in technology and policy puts lawful patients at risk of prosecution.
5) Who’s responsible for fixing this?
Different departments share responsibility: the Home Office for drug law, DHSC for health policy, and DfT for driving regulations but this question touches anything from operational policing and medical care to considerations made by the Department for Work and Pensions. The system only works when they work together – something Discrimination by Design shows has yet to happen.