Decriminalising cannabis: What Sadiq Khan’s proposal could mean for medical cannabis patients

The Mayor of London, Sir Sadiq Khan, called for the partial decriminalisation of cannabis in London last week. 

This recommendation was part of a 42 point proposal by The Independent London Drugs Commission (ILDC) on drug reform. It's stance on cannabis suggests the way it is policed causes more harm to society, than the use of cannabis itself -  especially among those in black and ethnic minority communities.

While we as a medical cannabis clinic acknowledge how important it is to differentiate between legally prescribed medical cannabis, and cannabis purchased on the street (or online) illegally (typically for recreational enjoyment), we feel this news is very topical, and relevant for us to speak on. 

But what would decriminalising cannabis mean?

Firstly, it's important to emphasise, decriminalising cannabis is not the same as legalising it. While cannabis would still be illegal if this recommendation was accepted, there would no longer be criminal charges imposed upon a person if they were found to be possessing it for personal usage. 

In Sir Sadiq Khan’s proposal, he recommends that in London, small amounts of cannabis for personal use should no longer be criminalised, and in the ILDC report it suggests natural cannabis should be removed from the Misuse of Drugs Act 1971.

In the Misuse of Drugs Act, cannabis currently sits as a Class B drug alongside GHB (gamma hydroxybutyrate) and ketamine - carrying a penalty of up to five years in prison, and an unlimited fine, for possession. GHB and ketamine are known ‘party drugs’ that are regularly abused. They are considered to be highly dangerous due to their overdose potential, and the risk of fatality when taken in high quantities. 

When observed in this context, many, including the Mayor of London, feel cannabis sitting in this classification is disproportionate. 

How is street cannabis different to medical cannabis?

It is important to emphasise that decriminalised street bought cannabis would in no way be a suitable or equivalent substitute for the cannabis-based medicines that are prescribed by medical cannabis clinics. 

At Releaf, all the products we prescribe have been designed and manufactured for health purposes (namely symptomatic relief) in GMP compliant facilities. 

In addition, all prescriptions issued by Releaf are signed off by UK-based, GMC registered specialist doctors, such as expert Neurologists, Oncologists, and Psychiatrists.

These prescriptions are only issued to patients who have found other treatment options to be ineffective at meeting their health needs, providing they have the required evidence to prove this. 

Our patients have regular check-ins with the clinical team to ensure their treatments are effectively meeting, and supporting, their needs, quality of life, and overall wellbeing. 

Accessing a personalised medical cannabis treatment plan through a licensed, legal and CQC regulated clinic for a recognised medicinal need is very different from purchasing it on the street -  but, nonetheless, this news could still mean big things for medical cannabis patients.

In this blog, we’ll explore why - but first, let’s explore the surrounding context, and history of stop and search based policing in the UK:

Why this matters: A history of over-policing, stop and search and the BAME community

Black, Asian, and minority ethnic (BAME) communities have been disproportionately affected by stop-and-search police efforts since their implementation.

The policy now known as ‘stop and search’ was introduced by the Police and Criminal Evidence Act (PACE) in 1984, but its roots go all the way back to 1824, when the practice was known as the ‘sus’ law in The Vagrancy Act.

Getting its name from the fact police officers only needed a suspicion a person might be planning to commit a crime, the ‘sus’ law was known to be a major contributor to negative relationships being formed, and therefore increased tension, between the police and the public - particularly among those in the black and ethnic minority communities.

This law was eventually repealed during the aftermath of the Brixton Riots which took place in 1981, but just three years later, it essentially reappeared with a different name, and slightly different wording. Simply put, officers now require reasonable suspicion - or grounds - before carrying out a stop and search. 

What happened during the Brixton Riots?

In 1981 there was an uprising after racial tensions left the country, and particularly London, divided. 

Social and economic deprivation, discrimination and racial profiling disguised as the ‘sus’ law, combined with police brutality and institutionalised racism are all said to be contributing factors to the Brixton uprising, which began on the 10th of April 1981. 

Following rumours of police brutality against a young black man named Michael Bailey who died in police custody, combined with the uninvestigated deaths of 13 black children in a house fire that at the time was believed to have been the target of a firebomb attack, a crowd took to the streets to confront the police in protest of unfair and disproportionate treatment. 

However, when more arrests were made the following day, the streets of South London erupted with fights between the Metropolitan Police and protesting members of the public - mostly young men of African and Caribbean descent - taking over Brixton. 

For three days violence ensued, leaving 300 people injured and damages estimated to total around of £7.5 million. A public investigation led by Lord Scarman six months after the event said there was ‘no doubt racial disadvantage was a fact of current British life’ but refused to acknowledge, and vehemently denied, institutionalised racism existed within London’s Metropolitan police force.

How is this still happening today?

While the ‘sus’ law was repealed after this uprising, and replaced with the modern ‘stop and search’ policies we now know today, many, including Judge William Macpherson, who headed up a public inquiry in 1999 following the murder of Stephen Lawrence, disagreed with Scarman’s belief institutional racism did not exist within London’s Metropolitan Police - and this sentiment is still felt today. 

In fact, statistics show in 2023 black people in England and Wales were six times more likely to be stopped and searched than white people, and the Home Office state:

“Nobody should be stopped and searched because of their ethnicity, but the government recognises that black males are disproportionately more likely to be stopped and searched. 

What is the current protocol for stop and search?

According to the Home Office, the police have the power to stop and search a person they have ‘reasonable grounds’ to believe they are carrying illegal drugs (e.g. non-prescribed cannabis), a weapon - or an object that can be used to commit a crime like a crowbar, or, stolen property.

While there is no set criteria for what meets ‘reasonable grounds’, it's explained that reasonable grounds constitutes what any ordinary person would believe to be fair if they had all the information a conducting police officer would. 

Say for example, there's a machete shaped outline visible on your trouser leg and five minutes previously a person had been attacked with a machete in the area, it would be reasonable for a police officer, or a member of the public, to suspect you may be concealing a machete. 

However, when it comes to cannabis - it's not that simple. 

How does this affect medical cannabis patients?

For years, the smell of cannabis has been used by officers as reasonable grounds for stopping and searching a member of the public for possessing an illegal drug. 

However, because medical cannabis has been a legal treatment option for a long list of health conditions in the UK since 2018, it's unreasonable to assume a police officer (or a member of the public for that matter) would be able to distinguish between a person carrying legally prescribed medical cannabis, and a person carrying recreational street bought, illegal cannabis, on smell alone. 

Therefore, simply the smell of cannabis no longer constitutes reasonable grounds for stop and search - or so the Independent Office for Police Conduct, and the Independent Scrutiny of Police Powers Panel say. 

This shift in policing post medical cannabis legalisation is something we’ve previously covered on our blog, however, the absence of clear, national guidance has meant that patients are still vulnerable to misinformed police encounters.

And, just because the policies have been updated by certain police forces - namely Avon and Somerset Police - this doesn’t mean medical cannabis patients across the UK aren’t still stopped by officers on smell alone. 

However, if Sir Sadiq Khan’s proposal of decriminalising cannabis possession should go ahead, this could potentially: 

• Give people more confidence, to explore cannabis-based treatments, and feel empowered whilst doing so;

• Reduce anxiety and stress for medical cannabis patients when carrying their medication in public, or provide them with the confidence to do so;
• And finally, in turn, this could theoretically help to increase the efficacy of their treatment, as:

1. People would no longer have to pick and choose when to administer their medication out of fear, and instead they could have stability and consistency in managing their symptoms throughout the day, and,
2. Because many conditions are exacerbated by stress and anxiety, it could potentially lead to an overall decline in symptom severity, and improve overall wellbeing. 

While we wait to find out if these recommendations will written into law (which currently looks unlikely due to the governments' stance on cannabis reform) it's important to reiterate that decriminalised street bought cannabis would in no way be a suitable or equivalent substitute for the cannabis-based medicines that are prescribed by medical cannabis clinics like Releaf. 

How does Releaf protect its patients from being mistaken for acting illegally?

When patients join Releaf, they are sent their own Medical Cannabis Card free of charge that acts as ID to prove they have been legally prescribed medical cannabis, or prescribed cannabis oil. 

On the card, as well as featuring their name, unique patient identification number, their photo, and a unique QR code, it features the following statement:

“The patient names and pictured above has been lawfully prescribed and supplied this treatment in accordance with the current applicable regulations in the UK. To verify the authenticity of the supply, supervising doctor and regulated pharmacy, please scan the QR code above for further details. For more information, call the Releaf team on 0204 5714 949.”

When the QR code is scanned, it links to our unique HealthTech Platform, and once the patient grants permission, the inquiring party can view a digital copy of the patient's current prescription for cannabis-based treatments, outlining the type, or types, of product prescribed, the quantity, the reason for its prescription, and the date the prescription was issued on. 

Our CEO, Tim Kirby, recently commented on our Medical Cannabis Cards, saying: 

Releaf are very aware of the need to protect patients and give them confidence when carrying their medication in public, which is why we worked with all relevant authorities including the police to provide our patients with a Releaf Medical Cannabis Card as part of their treatment plan.  

Why does the Releaf Medical Cannabis Card give patients more confidence? Because they link directly to Releaf's unique HealthTech platform using a 2-step verification process, the same way as banks do, providing a safe and secure way for any interested third party to access a patient’s medical documents, confirm they have a current prescription, and, that they’re legally entitled to carry their medication in public. 

The patient feedback we’ve received has been very positive, and it means patients don't need to find a crumpled prescription document, and secrete it about their person - Releaf's HealthTech platform does it all!"