Medical cannabis is legal in the UK, and as a patient, you have the right to carry and use your medication as prescribed. However, a Curaleaf Clinic study from 2022 found that nearly a third of British police officers were unaware that medical cannabis could be legally prescribed, suggesting a lack of awareness or understanding amongst some authorities.
Most medical cannabis patients who use their medication as prescribed go about their daily lives without issue. We want to empower all our patients with the knowledge they need to travel or venture out confidently with their medicine. This guide will help you understand your rights when dealing with the police, your employer, or other authorities.
What to Do If Questioned by Authorities About Your Medical Cannabis Prescription?
Medical cannabis is legal in the UK when prescribed by a specialist doctor. While it’s uncommon for medical cannabis patients to be stopped by the police, it helps to be prepared. Here’s what you can do to show that you’re a legal medical patient:
- Keep your medicine in its original container with the pharmacy label intact.
- Carry photo ID that matches the name on your prescription or container.
- Have access to a copy of your prescription or clinic letter. You can download these from your Curaleaf Clinic online account at any time.
It’s important to note that if you’ve been prescribed dried flower, you can only consume it in public where vaping is permitted. Smoking medical cannabis or consuming illicit cannabis remains illegal[1].
If you’re travelling abroad, different laws and regulations will apply in each country. Many countries have strict rules on medical cannabis, and even carrying your prescription could lead to legal issues.
To stay informed and avoid complications, read our guide on travelling with medical cannabis. We can provide a signed travel letter free of charge if it is required for your trip. Please ensure you have ordered the medications that you plan to take with you on holiday, prior to requesting your letter, and allow up to 30 days for a request to be processed.
What Do You Do If Clinic Letters or Prescriptions Are Not Accepted?
In most cases, a copy of your clinic letter or prescription will be enough to confirm that you are a legal medical cannabis patient. However, if you’re involved in a formal investigation or legal case, we advise you to follow these steps:
- Contact the clinic: Email us as soon as possible so we can collate the necessary documentation.
- Follow legal advice: If you have a solicitor, they can help you communicate with the authorities and understand what evidence is required for your case.
- Provide supporting documents: We can supply additional evidence if needed.
Supporting Documents We Can Provide
If you need additional proof of your prescription, we can arrange a letter from your consultant (which can confirm your treatment plan and address any case-specific concerns) and signed copies of all prescriptions on file with your nominated pharmacy. Please note that due to data protection and data storage, there is a limited retention policy for keeping copies of signed prescriptions once they’ve been dispensed.
Legal Representation
If your case escalates, you may need legal representation. Private representation can be expensive, so you might qualify for Legal Aid. The Citizen’s Advice Bureau can give free advice about the process of applying for Legal Aid.
If you’re working with a solicitor or legal team, you’ll need to give us written permission before we can share your medical information with them.
Witness Statements from Your Consultant
In some cases, the police or the court may request a witness statement from your consultant. This is usually provided in writing, but in rare situations, a consultant may be asked to attend court in person to give evidence.
What to Do If Questioned by Your Employer
If you are using medical cannabis for a qualifying condition, you’re protected under the Equality Act 2010[2]. This means your employer cannot discriminate against you for having a prescription. They may also need to make reasonable adjustments to support your treatment, such as:
- Adjusting work duties to accommodate any side effects.
- Allowing flexibility with working hours or breaks.
- Providing a private space for taking medication.
Workplace medication policies can vary, so check your company’s policy for guidance. If you feel comfortable, it may be helpful to inform human resources or your manager about your prescription. However, your medical information is protected under UK GDPR and the Data Protection Act 2018, meaning your employer must handle it confidentially[3].
For more information on talking to your employer, read our online help sheet. If you require any support or documentation, please reach out to the clinic. We’re here to help.
Conclusion
For many of our patients, carrying and consuming prescribed medical cannabis is straightforward, and challenges from authorities are uncommon. If you follow the guidelines and keep your documentation with you, you should feel confident being out and about with your prescription.
If you do have any concerns or find yourself in a difficult situation, we’re here to help. Get in touch and we’ll support you with the information and documents you need.
Sources
[1] GOV.UK (2024). Drugs Penalties. [online] GOV.UK. Available at: https://www.gov.uk/penalties-drug-possession-dealing.
[2] Alin Ciocan (2024). Cannabis in the UK Workplace: Legal Realities – Labour Laws UK. [online] Labour Laws UK. Available at: https://labourlaws.co.uk/cannabis-in-the-uk-workplace-legal-realities/.
[3] www.burges-salmon.com. (n.d.). GDPR Personal Data and Sensitive Personal Data. [online] Available at: https://www.burges-salmon.com/news-and-insight/legal-updates/gdpr-personal-data-and-sensitive-personal-data.
