Licence to research and develop Medical Cannabis

Summary

The requester asked for the procedure to apply for a medical cannabis research licence under the Misuse of Drugs Act 1976. The Department of Health and Social Care responded that no specific local procedure currently exists, as they are still assessing how to introduce a regulatory regime following recent consultations.

Key Facts

• Cultivating cannabis is an offence under section 6(1) of the Misuse of Drugs Act 1976 unless licensed.
• The Department has applied the UK Misuse of Drugs Regulations 2001 to the Isle of Man via the Misuse of Drugs (Miscellaneous Enactments) (Application) Order 2013.
• The Department has not yet exercised its power under section 7(1)(b) to make specific regulations for cannabis cultivation.
• Consultations were held earlier in 2019 regarding industrial hemp production and medicinal cannabis prescribing.
• The Department is currently assessing how to introduce an appropriate regulatory regime for medicinal cannabis cultivation.

Data Disclosed

• Misuse of Drugs Act 1976
• section 6(1)
• section 7(1)(b)
• section 33
• Misuse of Drugs Regulations 2001
• Misuse of Drugs (Miscellaneous Enactments) (Application) Order 2013
• 2019-07-31
• 2019-08-13
• 906925
• Freedom of Information Act 2015

Original Request

Please provide the procedure to apply for a licence under the Misuse of Drugs Act 1976 sections 7 & 8. Or, provide any other procedure available for applying for above licence.

Data Tables (1)

Full Response Text

Interim Chief Executive: Angela Murray Freedom of Information Team DHSC Crookall House Demesne Road Douglas IM1 3QA

(01624) 642621 dhsc@foi.gov.im Website: www.gov.im/dhsc

Our ref: 906925 13th August 2019

Dear ###

We write further to your request which was received on 31 July 2019 and states:

"Please provide the procedure to apply for a licence under the Misuse of Drugs Act 1976 sections 7 & 8. Or, provide any other procedure available for applying for above licence."

Our response to your request is as follows: Under section 6(1) of the Misuse of Drugs Act 1976 (“the Act”) it is an offence for a person to cultivate cannabis. However, under section 7(1)(b) of the Act the Department of Health and Social Care (“the Department”) has the power to make such provision as it thinks fit in regulations for a person to lawfully cultivate any plant of the genus cannabis. Further, under section 33 of the Act the Department has the power, by order, to apply the provisions of any order or regulations made under any ‘like enactments’ (e.g. the Misuse of Drugs Act 1971) in the United Kingdom. Whilst the Department has not exercised its regulation making powers under section 7(1)(b), it has exercised its powers under section 33 of the Act to apply the UK Misuse of Drugs Regulations 2001 to the Island. The Order by which it did so was the Misuse of Drugs (Miscellaneous Enactments) (Application) Order 2013. In applying the Misuse of Drugs Regulations 2001 to the Island the Department has the power to issue licences allowing a person to cultivate cannabis plants. Earlier this year the Department consulted with local residents on changes to allow industrial hemp production on the Island and the prescribing of medicinal cannabis. Following on from those consultations the Department is now looking at how it can put in place a procedure for the licensing of hemp for industrial use on the Island and assessing how an appropriate regulatory regime in relation to the cultivation of medicinal cannabis can be introduced.

Please quote the reference number 906925 in any future communications.

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Yours sincerely