This briefing provides an overview on the recent change in the law and debate on medicinal cannabis products.

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Under the Misuse of Drugs Act 1971, Cannabis is a controlled drug. The Act makes it illegal for people to possess, supply, produce, or import/export controlled drugs.  However, changes to the Misuse of Drugs Regulations 2001 in November 2018 has meant that cannabis-based medicinal products can be prescribed under certain circumstances.

Review of the scheduling of cannabis medicinal products

There was increased debate on the medical use of cannabis in 2018.  Much of this focused on the cases of children with rare and severe forms of epilepsy, whose families reported that they had benefited from the use of cannabis products.

In a statement on 19 June 2018, the Home Secretary said that the position in the UK on this issue was not satisfactory.  He announced that the Government would review the scheduling of cannabis. There were two parts to the review:

  • Part one was undertaken by the then Chief Medical Officer, Professor Dame Sally Davies, and looked at the evidence for the use of cannabis-based medicinal products. She reported that there was conclusive evidence of the therapeutic benefit of cannabis medicinal products for certain medical conditions and recommended that the whole class of cannabis-based medicinal products be moved out of Schedule 1; and
  • Part two was undertaken by the Advisory Council on the Misuse of Drugs (ACMD) and provided advice on whether certain products should be rescheduled. Based on its short-term review, the ACMD advised that cannabis derived medicinal products of the appropriate medical standard should not be subject to Schedule 1 requirements. Once a definition of a Cannabis-derived medicinal product has been developed, the ACMD advised that products meeting that definition should be moved into Schedule 2 of the Misuse of Drugs regulations.

A change in the law

On 26 July 2018, the then Home Secretary announced that, following this advice from the ACMD and the Chief Medical Officer, he had decided to reschedule cannabis derived medicinal products. 

In November 2018, the law changed to allow the prescribing of cannabis-based medicines in certain circumstances.  The Regulations included a definition of cannabis-based medicines and set out that only doctors on the GMC specialist register could prescribe these. These doctors would predominately be prescribing unlicensed products since only two cannabis-based medicines have a marketing authorisation (often known as a ‘licence’) in the UK. 

Prescriptions for cannabis-based medicines and concerns raised

It has been reported that there have been few prescriptions for cannabis-based medicines since the change in the law but only limited data on this is available.  Patient groups and families have expressed concerns about prescribing and have called for more action in this area.  Professional bodies and senior clinicians, however, have said there is a need for further evidence and have called for randomised controlled trials to look at the benefits and harms of these products.

A review into Barriers to accessing cannabis-based products for medicinal use on NHS prescription, was published by NHS England and NHS Improvement in August 2019. It found that clinicians were reluctant to prescribe medicinal based cannabis products to children with severe epilepsy, particularly in the absence of sufficient evidence to help them balance potential benefits against potential harms. The Review recommended further research, including at least one randomised control trial (RCT), to address the lack of evidence into the safety and effectiveness of cannabis-based medicinal products.

In November 2019, the National Institute for Health and Social Care Excellence (NICE) published guidance on prescribing cannabis-based medicinal products for people with intractable nausea and vomiting, chronic pain, spasticity and severe treatment-resistant epilepsy.

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