This Council Motion comes from Flintshire Liberal Democrats and addresses the rights of people using medical cannabis products in safe, indoor spaces.
Cannabis-Based Products for Medicinal Use (CBPMs) have been legally available under prescription in the UK since November 2018, treating over 50,000 patients for conditions like chronic pain, psychiatric, and neurological disorders. The Equality Act 2010 protects many of these patients, as their conditions often qualify as disabilities.
Unlike traditional smoking, vaporised CBPMs do not produce harmful second-hand smoke, meaning they can be used safely indoors without affecting bystanders. Restricting CBPM patients to outdoor smoking areas alongside tobacco smokers can expose them to carcinogenic second-hand smoke, posing unnecessary health risks and potential discrimination.
This motion urges your council to recognise and support the rights of CBPM patients by designating safe indoor spaces for CBPM use, providing awareness training for council staff and law enforcement, and ensuring Equality Act compliance in council policies. This includes informing landlords and housing associations about legal CBPM use to prevent discrimination against tenants.
You can copy, paste and adapt the motion below:
Council notes that:
- Cannabis-based Products for Medical Use (CBPMs) in oil and/or flower form have been legally available under prescription in the UK since 1st November 2018.
- There are over 50,000 patients prescribed CBPMs in the UK, the vast majority of whom receive private prescriptions and that this number is anticipated to increase significantly in the short to medium term. CBPMs are prescribed for a multitude of conditions including chronic pain conditions, psychiatric conditions, neurological conditions and other serious medical conditions (see notes).
- Most, if not all the conditions to which CBPM is prescribed can meet the statutory definition of a disability and are covered in Sch 1, Part 1 of the Equality Act 2010 and in Reg 7 of the Equality Act 2010 (Disability) Regs 2010.
- As with any medication, it is needed to alleviate or prevent the symptoms of a condition, and often in the case of vaporising cannabis the medical user will decide when it is needed. This is not dissimilar to the use of an asthma inhaler or an insulin injection.
- Medical cannabis is provided in two forms, an oil which is taken orally and the inflorescent tops of cannabis plants for vaporisation. The oil often takes longer to take effect and is often taken at certain intervals, whereas the flower provides an almost instant effect and is administered as required (PRN). This quick effect is often helpful for people suffering from neurological pain conditions or epilepsy.
- The vaporiser is a medical device that does not cause combustion and so is absent from legislation for smoking or vaping e-cigarettes indoors. Highly detailed research has shown that there is no risk of second-hand exposure for by-standers.
Council believes that:
- Requiring CBPM users to use an outdoor smoking area to consume medication may be a breach of the Equality Act and puts their health at risk by exposing them to the dangerous carcinogenic second-hand smoke of tobacco smokers.
- Requiring CBPM users to share a space with users of illegal drugs would be an unacceptable practice as it may endanger vulnerable medical cannabis patients.
- Due to lack of awareness, housing associations across the UK have been threatening tenants with evictions and anti-social behaviour bonds for using their prescribed medication at home and police officers have been unlawfully confiscating medication and arresting patients for possession and driving (S.5A RTA 1988) offences, despite a statutory exemption.
Council resolves to:
- Ensure all council premises have a safe indoor space for CBPM users in accordance with the Equality Act, and that neither council employees nor visitors are discriminated against
- Ensure all [COUNCIL NAME] licensees are aware of CBPMs and their legal status
- Provide training to relevant officers on CBPMs, how they differ from illegal cannabis, and how to avoid discrimination under the Equality Act
- Ensure that proposed by-laws to reduce smoking and nicotine-vaping near schools and public places are drafted in a way as not to inadvertently preclude use of CBPMs
- Ensure that ongoing and future Equality Impact Assessments consider CBPM users
- Write to the Chief Constable and Police and Crime Commissioner of (SPECIFY LOCAL POLICE FORCE] Police to determine what information or training is given to police officers to ensure they are aware of the legality of CBPMs
- Seek reassurances from the Chief Constable and Police and Crime Commissioner to specifically confirm they:
- are aware of the contents of Home Office Circular 018/2018;
are aware that CBPMs are likely to be in the form of an inflorescence or oil;
that whilst patients are prescribed 30 days medication at a time, patients may hold more than one month’s prescription at a time to avoid running out of medication; and
- that patients are receiving medical cannabis to treat their medical condition and thus should not under any circumstances have their CBPMs confiscated by the Police;
- are aware of the contents of Home Office Circular 018/2018;
- Ensure stakeholders including police, housing associations, registered social landlords, and licensed HMOs are made aware that a valid prescription issued by a qualified prescriber is the appropriate and lawful method of verifying a patient’s entitlement to CBPMs, and that third-party ID cards are neither required nor legally recognised. Stakeholders should be guided on how to verify prescriptions through appropriate channels such as the prescribing clinic or dispensing pharmacy;
- Write to [INSERT LOCAL TRANSPORT COMPANIES eg BUS, TRAIN AND TRAM] to raise concerns that their current no-smoking and no-vaping policies may unintentionally discriminate against patients lawfully prescribed Cannabis-Based Products for Medicinal Use (CBPMs) in vaporised form. The Council urges them to review policies in light of the Equality Act 2010 and consider appropriate exemptions or accommodations for CBPM patients using medically approved vaporisers that do not emit second-hand smoke. This includes providing guidance to staff and ensuring compliance with the Public Sector Equality Duty;
- To publish a copy of the letter to the Chief Constable and Police and Crime Commissioner and response.
- Write to Housing Associations, registered social landlords, and licensed HMOs within the district to confirm that they are aware of the legal position regarding CBPMs, request that measures are put in place to ensure that tenants prescribed CBPMs are not discriminated against, and to publish a copy of the letter and any response(s).
Notes:
- Conditions that can be treated with Cannabis-based Medical Products include:
- Chronic Pain Conditions: Arthritis, Back and/or Neck Pain, Cancer Related Pain, Complex Regional Pain Syndrome, Ehlers-Danlos Syndromes, Endometriosis, Fibromyalgia, Musculoskeletal Pain, Neuropathic Pain, Palliative Care Pain and other conditions that cause chronic pain.
- Psychiatric conditions: Agoraphobia, Attention Deficit Hyperactivity Disorder, Cancer Related Anxiety, Eating Disorders, Generalised Anxiety Disorder, Insomnia, Major Depressive Disorder, Obsessive Compulsive Disorder, Other condition that causes Anxiety, Palliative Care Anxiety, Panic Disorder, Post Traumatic Stress Disorder, Social Anxiety Disorder, Substance Use Disorder
- Neurological conditions: Autism Spectrum Disorder, Cluster Headaches, Epilepsy, Migraines, Multiple Sclerosis, Parkinson’s Disease, Stroke, Tourette’s Syndrome, Tremors
- Other conditions: Chronic Fatigue Syndrome, Crohn’s and/or Ulcerative Colitis, Irritable Bowel Syndrome, Restless Legs Syndrome
- The UK government’s medicinal cannabis information collection offers resources and guidance on the legal status, prescription process, and safe use of cannabis-based products for medicinal use.
- Project Twenty21 is a UK observational study that contributes data to support NHS funding for cannabis-based treatments by collecting real-world evidence on their effectiveness and safety
- The Guardian’s article from March 24, 2023, by Kojo Koram, critiques the UK’s healthcare system for legalizing medical cannabis without ensuring its accessibility through the NHS, thereby forcing patients to seek expensive private prescriptions
- A Canadian study suggests that medicinal cannabis can safely reduce cancer pain and the need for multiple drugs, especially when THC and CBD are balanced. https://www.bbc.com/news/health-65461319
- Internationally, one of the most common conditions for which people seek medicinal cannabis (MC) is chronic pain. However, relatively little is known about the effectiveness of cannabis for reducing pain in Australia. Medicinal cannabis was made legally available in Australia in 2016. Project Twenty21 Australia is an observational study that follows patients prescribed MC for chronic pain, anxiety, PTSD and multiple sclerosis for up to 12 months. It commenced recruitment in February 2022. This paper describes some preliminary findings for a cohort of patients with chronic pain.
- The Medical Cannabis Working Group, established by Drug Science, is a cross-sector collaboration aiming to improve and accelerate access to medical cannabis in the UK for all patients.
- The “Medical Cannabis and Discrimination” guide outlines patients’ legal rights in the UK, emphasizing protections under the Equality Act 2010 and highlighting challenges faced by medicinal cannabis users in housing, employment, and healthcare settings.
- The Equality Act 2010 Code of Practice offers statutory guidance to service providers and public bodies on preventing discrimination and promoting equal access for all, particularly regarding accommodations for disabled individuals in services and public functions.
- A report by Prohibition Partners indicates that the UK’s medical cannabis market is experiencing significant growth, with an estimated 62,960 patients by the end of 2024, generating €240 million (£205 million) in sales.