FOI request for foundation evidence

Summary

A requester asked the Attorney General's Chambers for scientific and legislative foundation evidence justifying the classification of cannabis as a Schedule 1 controlled substance under the Misuse of Drugs Act 1976. The authority responded that the requested information is not held and cannot be found after taking reasonable steps.

Key Facts

• The request was received on 2021-01-07 and the response was issued on 2021-01-20.
• The requester sought evidence regarding cannabis classification under the UN Single Convention on Narcotic Drugs.
• The Attorney General's Chambers clarified the request on 2021-01-11 before issuing the final response.
• The authority stated it does not hold the specific 'foundation evidence' requested.
• The response references the Misuse of Drugs Act 1976 and the UN Bulletin on Narcotics.

Data Disclosed

• 2021-01-07
• 2021-01-20
• 2021-01-11
• 2021-01-14
• 1623265
• Misuse of Drugs Act 1976
• Schedule 1
• Class B
• Article 36
• 1972 Protocol
• 1971 Convention

Exemptions Cited

• Information not held

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

Attorney General's Chambers 2nd floor Belgravia House Circular Road, Douglas Isle of Man, IM1 1AE Telephone: (01624) 685452 E-mail: attgen@gov.im

Our ref: 1623265 20 January 2021

Dear ###

We write further to your request which was received on 7 January 2021 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." A further request was made by the AGC on the 11 January 2021 to clarify your request in determining what information was sought. You responded on the 14 January 2021 which stated: “1. It would be helpful to know that in terms of 'foundation evidence', this will need clarifying as it is not clear enough a request for us to know what is being sought. a. Foundation Evidence is the preliminary and scientific evidence that is provided to lawmakers that leads to legislation being passed. b. In this context: Foundation Evidence, the preliminary and scientific evidence for cannabis is its raw form. Not to be mixed up or confused with any of the man-made big pharma substitutes and extracts. 2. Could you please explain as per question 1 & 2, what you mean by 'a schedule 1 substance' please? Which 'schedule 1'? a. Schedule 1 as per the UN Single Convention on Narcotic Drugs from which the Misuse of Drugs Act is derived, provide the foundation evidence to show that Cannabis in its raw form meets the requirements of ‘harm’ and ‘abuse’ to individuals and society as is

required to be included within Schedule 1, and subsequently within the Misuse of Drugs Act. Evidence that the ‘harm’ to individuals and society from cannabis in its raw form is greater than the harm caused to individuals and society by prohibition. Evidence that personal consumption or cultivation for personal medicinal use is applicable to Schedule 1, the ‘narcotics trade’ and is subject to be a ‘punishable offence’ contrary to the commentary on the UN Single Convention of Narcotic Drugs which states ‘possession for personal consumption is not to be considered a punishable offence’. b. Quote from the UN Bulletin on Narcotics “It is a fact that "use" (or "personal consumption") is not enumerated amongst the punishable offences in accordance with paragraph 1 of Article 36 of the Single Convention. Although, as mentioned above, Parties are required to limit the use of drugs exclusively to medical and scientific purposes, the Single Convention does not require them to attain the goal by providing penal sanctions for unauthorized "use" or "personal consumption" of drugs. Unauthorized "possession" of drugs is mentioned in paragraph 1 of Article 36, but from the context it is clear that, as stated in the Official Commentary by the Secretary- General of the United Nations, "possession" of drugs for personal consumption is not to be considered a "punishable offence" by a Party to the Single Convention. The whole international drug control system envisages in its penal provisions the illicit traffic in drugs; this also holds true for the 1972 Protocol Amending the Single Convention and for the 1971 Convention on Psychotropic Substances.”

1. Can you also please explain as per question 3, what you mean by a 'controlled' substance - E.g. are you referring to a 'controlled drug' within the meaning of section 2 of the Misuse of Drugs Act 1976? Controlled substance is as referred to in the Misuse of Drugs act 1976 a
   Controlled Drug, however, as Cannabis in its raw form is a benign herb incapable of causing toxicity in humans or animals it is factually incorrect and extremely damaging to refer to it as a drug, therefore I refer to it as a controlled substance. Foundation evidence to show that this is a controlled substance and who is making the claim of control. While our aim is to provide information whenever possible, in this instance the Attorney General’s Chambers does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested.

However, in an effort to provide you with advice and assistance we can confirm: 1. The officers of the Attorney General’s Chambers are not lawmakers in that officers are not involved in the policy formulation or development underlying new legislation and do not hold information relating to policy or the legislative decision making process;

1. The information you request in places refers to legal advice which the Attorney General’s Chambers may not give to a member of the public; if you require clarification of the law or any legal obligations, you will need to take your own legal advice;
2. Legislation is developed by a sponsoring Department and accordingly it is that Department which may hold evidence which supports the provisions of its legislation;
3. Therefore you may wish to contact the Department of Health and Social Care which Department has obligations under the Misuse of Drugs Act 1976, and/or the Department for Enterprise which may be able to provide you with information it holds relating to the development of provisions in legislation that you refer to.

Please quote the reference number 1623265 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