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Home
Office reply to the open letter from UKCIA of January 7th 2007
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Original
letter from UKCIA
2nd
February 2007
Ref
T851/7
The
Home Office.
Dear
Mr Williams
Thank
you for your letter of 7th January to the home Secretary about the THC4MS
court case and the law relating to the medical use of cannabis. Your letter
has been passed to the Crime and Drug Legislation and Enforcement Unit
and I have been asked to reply.
You
will know that Mark and Lezley Gibson and Marcus Davise were each given
a nine-month suspended prison sentence on 26th January with regard to
their convictions for conspiracy to supply cannabis in the form of cannabis-laced
chocolate bars to multiple sclerosis sufferers. However, it is not appropriate
for me to comment upon matters relating to a particular case, especially
where there may be an appeal against conviction.
On
a general level, the unauthorised supply and possession of cannabis for
whatever purpose (recreational or therapeutic) is a criminal offence and
any persons engaging in such activity are liable to prosecution whatever
their motive for doing so. It is reasonable to believe that they will
have some knowledge of the possible consequences of this unlawful activity.
Any
arrest, investigation and subsequent prosecution of people who supply
or possess cannabis for therapeutic purposes is a matter for the police
and Crown Prosecution Service, not the Government, to decide in accordance
with the law and all circumstances of the case.
The
Government has no plans to review the legal situation regarding the medicinal
use of cannabis and, in particular, no intention of legalising the use
of cannabis in its raw form for medicinal purposes. However, it recognises
that there are people with severe pain and debilitating illnesses, such
as multiple sclerosis, who cannot satisfactorily alleviate their symptoms
through the use of existing medication.
That
is why the Government has said that it would seek Parliament's agreement
to make any necessary changes tot he law to enable the prescription of
cannabis based medicine, for the purpose of relieving pain, but not before
the granting of product approval from the Medicines and Healthcare products
Regulatory Agency (MHRA).
It
would not be appropriate for the government to circumvent or undermine
the well-established process attached to the evaluation of the safety,
quality and effectiveness of all prospectively prescribable products by
the MHRA. It is a process which is designed to protect public health.
Doctors must be confident about what they prescribe. In order to protect
public health, the Government faces difficulty in making any changes to
the law unless and until it is satisfied that the benefits have been formally
established by the statutorily recognised means. This position is supported
by the British Medical Association.
The
company GW Pharmaceuticals have been seeking a licence for their cannabis
based medicine, Sativex, but in June 2005 they were refused on the grounds
of insufficient efficacy. Pending further clinical trial, there is therefore
no early prospect of a prescribable cannabis based medicine, licenced
in t he UK, becoming available to multiple sclerosis sufferers.
Never
the less, Sativex was granted a marketing authorisation in Canada where
it has been licenced for the relief of neuropathic pain in multiple sclerosis
under the terms of a conditional licence. Home Office ministers made clear
in November 2005 that imports of Sativex from Canada will be allowed under
licence issued by t he Home Office Drugs Branch Licensing Section (here
at 2 Marsham Street). It can therefore be prescribed to individual patients
under the clinicians personal responsibility.
The
licencing system is fully operative. A blanket licence was issued to cover,
upon application with t he relevant patient details, any doctor wishing
to prescribe Sativex, the pharmacist to dispense the drug and the patient
to possess it, without the requirement to be individually licenced.
Whether
it is a patient or a doctor who first contacts our Licensing Section about
the prescribing of Sativex, the Home Office asks for the doctor to supply
patient details (name and address) and a brief indication of the clinical
requirement for the drug (for example, pain associated with multiple sclerosis
etc). This information is then passed to GW pharmaceuticals who will contact
the doctor to discuss treatment, suggest prescribing regimes, etc. In
some instances, the doctor may contact GW Pharmaceuticals direct in the
first instance. In either scenario, all those in the chain (ie doctor,
pharmacist and patient) will be covered under the licence.
Regarding
the reports of cannabis being contaminated with Glass particles, you will
probably know that the Chief Medical Officer issued an emergency alert
on 17th January through he public health warning system and a copy of
the text is enclosed. This alert has also been disseminated through he
FRANK website, the National Treatment Agency for Substance Misuse, the
substance misuse practitioner networks and the Association of Cheif Police
Officers.
Sincerely
Richard
Mullins
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