Medical Cannabis Policy

Summary

A request was made to the Department for Enterprise regarding the reasoning, human rights compatibility, and voting records of the Isle of Man's medical cannabis policy. The authority responded that it does not hold the requested information as policy decisions fall under the Department of Health and Social Care, not Enterprise.

Key Facts

• The Department for Enterprise does not hold the information requested regarding medical cannabis policy.
• The authority stated that policy decisions on medicinal cannabis were not made by the Department for Enterprise.
• The Department for Enterprise's remit is focused on economic value rather than policy development for medicinal cannabis.
• Requesters were advised to contact the Department of Health and Social Care for assistance.
• The request was closed on 15 February 2021.

Data Disclosed

• 1642117
• 2021-01-22
• 2021-02-15
• R v Whitehead 2001
• Freedom of Information Act 2015

Exemptions Cited

• Information not held

Original Request

What is the reasoning behind the policy of denying constituents who would benefit from medical cannabis the right to ease their sufferings of mind, body and soul. Is the policy compatible with the constituents Human Rights on reading the law laid down in R v Whitehead 2001? (please confer with the AG on this point) What was the votes for and against and abstain and by whom in the passing of the new policy.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 682381) Website: www.gov.im/ded Email: anthony.walker@gov.im

Our ref: 1642117 15 February 2021

Dear ###

We write further to your request which was received on 22 January 2021 and which states:

"What is the reasoning behind the policy of denying constituents who would benefit from medical cannabis the right to ease their sufferings of mind, body and soul. Is the policy compatible with the constituents Human Rights on reading the law laid down in R v Whitehead 2001? (please confer with the AG on this point) What was the votes for and against and abstain and by whom in the passing of the new policy."

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested.

However, you may wish to contact Department of Health and Social Care who may be able to help you.

Please be advised that this was not a policy decision for the Department for Enterprise to make. The decision to develop the Medicinal Cannabis came from the feedback in the wider consultation on medicinal cannabis. The Department does not have the remit for these decisions and would only be focused on the economic value.

Please quote the reference number 1642117 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