FOI request for foundation evidence

Summary

The Isle of Man Constabulary received a request for scientific and legislative evidence regarding cannabis classification and harm but refused to provide it, citing that the information is already reasonably accessible via public sources.

Key Facts

• The request asked for five specific pieces of foundation evidence regarding cannabis scheduling, control, misuse, and harm.
• The authority determined that all requested information was already available to the public.
• The response was issued on the same day the request was received, 2 November 2020.
• The Constabulary provided three specific URLs where the legislation and strategies can be found.
• The request was closed without releasing any new documents or data.

Data Disclosed

• 1539049
• 2 November 2020
• Misuse of Drugs Act 1976
• section 20
• Freedom of Information Act 2015

Exemptions Cited

• Section 20 of the Freedom of Information Act 2015 (Information reasonably accessible)

Original Request

Please provide the following five pieces of evidence under this Freedom of Information request: 1. FOUNDATION EVIDENCE for the claim that all genus of cannabis meets the currently accepted criteria for a schedule 1 substance in its raw form. 2. FOUNDATION EVIDENCE for the claim that cannabinoid preparations meet the currently accepted criteria for a schedule 1 substance. 3. FOUNDATION EVIDENCE for the claim that cannabis is a 'controlled' substance and who is making that claim of control. 4. FOUNDATION EVIDENCE for what is considered misuse of raw cannabis and its various preparations. 5. The Clear Scientific Evidence of physical and mental harm and harm to communities, resultant from the use of cannabis to justify the class B classification as per the Misuse of Drugs Act 1976.

Data Tables (1)

Full Response Text

Isle of Man Constabulary Freedom of Information Police Headquarters Dukes Avenue Douglas Isle of Man IM2 4RG

Our ref: 1539049 2 November 2020

Dear ###

We write further to your request which was received on 2 November 2020 and which states:

"Please provide the following five pieces of evidence under this Freedom of Information request: 1. FOUNDATION EVIDENCE for the claim that all genus of cannabis meets the currently accepted criteria for a schedule 1 substance in its raw form. 2. FOUNDATION EVIDENCE for the claim that cannabinoid preparations meet the currently accepted criteria for a schedule 1 substance. 3. FOUNDATION EVIDENCE for the claim that cannabis is a 'controlled' substance and who is making that claim of control. 4. FOUNDATION EVIDENCE for what is considered misuse of raw cannabis and its various preparations. 5. The Clear Scientific Evidence of physical and mental harm and harm to communities, resultant from the use of cannabis to justify the class B classification as per the Misuse of Drugs Act 1976."

While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from publicly available sources such as: http://www.legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1976/1976- 0021/MisuseofDrugsAct1976_1.pdf https://www.gov.im/media/1360859/substance-misuse-strategy.pdf https://www.tynwald.org.im/business/opqp/sittings/20182021/2020-GD-0020.pdf Please quote the reference number 1539049 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely