Home Office Denies FOI Request In Cover-Up Of All Information On Cannabis Production Licences
On 6th March 2018 CLEAR submitted a Freedom of Information Request to the Home Office asking for full details of the licences accounting for the legal production of cannabis in the UK. This arose from the story which we broke on 4th March revealing that the UK is the world’s largest producer and exporter of legal cannabis, this according to data provided to the International Narcotics Control Board (INCB) by the government.
The Home Office has refused the request. Its grounds for refusal are that disclosure “would, or would be likely to, prejudice the commercial interests of any person or would be likely to prejudice the prevention or detection of crime“.
Presumably this means that the commercial interest of GW Pharmaceuticals and whoever else has been granted such licences would be prejudiced and that they would risk robbery or other crime at their places of business.
INCB Production of Cannabis 2015-2016
We consider this to be false and without any merit whatsoever. How would it prejudice anyone’s commercial interest? We would not expect any detail that goes behind the licence holder’s normal commercial confidence and it must be right that the identity of those companies or individuals licenced to produce cannabis should be on the public record together with outline information about the terms of the licence – what is it for, for what period, in what quantities. Furthermore, with the security precautions required for such a licence, any attempt at crime would be foolhardy and utterly stupid. It would be much easier either to import or produce your own cannabis. The sort of criminal enterprise that would be required to raid, for instance, one of GW’s grows would be on a grand scale, incredibly risky and with sentences probably higher than for production of cannabis.
Clearly, disclosure of the information around these licences could, in any case, be limited to redact any specific information which should be kept confidential
It’s quite clear that this refusal is simply an excuse, probably to cover-up not only the extent of the licences but also the basis on which they have been issued.
Of course, the Home Office has pre-empted the next step in a FOI request and states that “the public interest falls in favour” of not providing this information. We consider this to be nonsense. It is clear that the public interest (not just the interest of the public) is very much that the issue of such licences should be a matter of public record. It is outrageous that this information is being kept secret.
The answer to the second part of our FOI Request provides further insight into how little trust can be placed in the Home Office and demonstrates that its answers are dishonest. In answer to a written question in Parliament on 1st March 2018, Home Office minster Nick Hurd MP said “No licences for pharmaceutical companies to grow and process medicinal cannabis for exportation to other countries have been issued.” However the INCB report, which information can only have come from the Home Office, shows that in 2015/16 the UK exported 2.1 tons of medical cannabis. We asked for an explanation of how Mr Hurd’s answer is consistent with the facts reported.
Nick Hurd MP, Home Office Minister
The Home Office’s answer is that “these figures could include any plant material exported for pharmaceutical purposes or pharmaceutical products containing cannabinoids that are manufactured in the UK and exported, such as Sativex.” and that it takes ‘medicinal cannabis’ to mean “substances produced to be consumed, be that smoked or ingested in any way.”
It is clear therefore that the Home Office has given two different answers to the same question and that the answer given to the INCB is correct whereas the answer given by Mr Hurd is without doubt intended to mislead Parliament. It also seeks falsely to create a distinction between Sativex and other forms of cannabis which is manifestly and beyond doubt another deception, based on information published by GW Pharmaceuticals which CLEAR revealed in 2016.
In summary therefore, the Home Office has refused to answer the FOI Request in relation to licensing on grounds which are entirely spurious and has demonstrated that it is actively engaged in deceiving both Parliament and the public on the export of medicinal cannabis from the UK.
Following the required procedure, we have now requested an internal review of the Home Office’s handling of the FOI Request. We argue that: “It goes directly to the question of the massive public demand for legal access to cannabis for medical use and the total denial of this by government. This policy is itself irrational and against the public interest and the refusal to disclose the information requested is a political cover-up.”
We anticipate this will be a whitewash and further attempt at a cover-up. Thereafter we have a right to complain to the Infomation Commissioner. At this stage we would also seek to mobilise support from MPs with an interest in this area. Ultimately, we may be able to apply to the High Court for judical review of the Home Office’s decision and we will consider mounting a crowdfunding campaign to enable this.
Talking Cannabis With the MHRA
MHRA Headquarters
In November 2016 I organised a meeting with the Medicines and Healthcare products Regulatory Agency (MHRA) and a number of key players in the CBD market. It was in response to the MHRA seeking to clamp down on sales of CBD oil and related products. That meeting led directly to the formation of the Cannabis Trades Association UK (CTAUK) which now represents more than 80% by turnover of all CBD suppliers in the UK.
Since that first meeting my friend and colleague Mike Harlington has taken on the leadership role at CTAUK and I give him great credit for what has been achieved. We expect formal recognition by the MHRA is only a few weeks away and that is a tremendous coup. For the first time ever, in the face of total intransigence by government, we have established to a significant degree a legally regulated cannabis market. Clearly, it doesn’t yet go anywhere near far enough but this is the most concrete move ever towards long overdue cannabis law reform.
The first 18 months of CTAUK have not been easy. Other than the MHRA, the other branches of government concerned are the Food Standards Agency (FSA) and the Home Office. The FSA has also become a close working partner but, unsurprisingly, the Home Office remains difficult and our efforts to engage constructively with it have been characterised by responses that are inconsistent, irrational, contradictory and a realisation that it’s losing its grip on cannabis policy. It is impossible to deal with. In fact, I almost sympathise with the unfortunate civil servants charged with administering a policy that is itself irrational and contradictory and driven only by outdated prohibitionist values. Maladministration of the Misuse of Drugs Act is now a persistent reality and several legal challenges to the Home Office’s conduct are imminent. Soon the High Court will become involved in UK cannabis policy and then, in theory, facts and evidence should prevail rather than propaganda and government disinformation.
Dr Chris Jones
The CTAUK has been engaged in regular meetings with the MHRA and I was invited along for the most recent occasion. The CTAUK team was Mike Harlington, Tom Whettem of Canabidol and myself. The MHRA team was Dr Chris Jones, head of the Borderline Medicines section and Raj Gor. We discussed many administrative matters and gave a great deal of time again to discussing medicinal claims and how members could avoid mistakes. It seems obvious that no claims of medicinal benefit can be made but there are many instances where it’s not clear cut. A particular case we looked at was the use of ‘night’ and ‘day’ CBD products. Eventually it was agreed that this description is acceptable but only just. This is an excellent example of how CTAUK works to represent its members’ interests and with goodwill on both sides how positive agreement can be reached.
On a continuing, day-to-day basis CTAUK and MHRA are in constant touch, ironing out problems, asking for and taking advice from each other. I am impressed with the way the relationship has evolved and jointly we bring great benefit to the industry and consumers.
What Is This Alleged Anti-Semitism In The Labour Party? Is It A Secret? Does It Even Exist?
London, UK. Friday 5th September 2012. ‘Freedom for Humanity’ a street art graffiti work by artist Mear One aka Kalen Ockerman on Hanbury Street near Brick Lane. Tower Hamlets has ordered that the mural be removed as the characters depicted as bankers have faces that look Jewish, and is therefore antisemitic.
My regular readers will know that I am no supporter of the Labour Party but I am bemused by the wall-to-wall coverage about what you would think is an extremely serious issue.
We have been given absolutely no explanation at all of what this is all about.
The only substance seems to be that in 2012, Corbyn commented on a Facebook post of a mural in East London which was about to be whitewashed over. Apparently he agreed that as a piece of art it should be left alone. Perhaps he didn’t look at it closely enough? I don’t know and I really don’t care. Ferreting around in people’s old social media posts used to be the preserve of obsessive nutters, trolls and sad young wannabe journalists with nothing better to do. Now it seems to be one of the BBC’s main ‘news’ sources.
If this mural is the sole reason for all this hyperbolic coverage, what exactly is the matter with the mural? It lampoons some caricatures of Jews but it wasn’t long ago that we were encouraged to permit lampooning of images of Mohammed as free speech. This is clear bias, a ridiculous amount of coverage and yet more proof that the BBC is increasingly focused by lobby groups for minorities to the detriment of the majority.
As for the Labour MPs sabotaging their party in puerile demonstrations outside Parliament, what is it all about? I asked on Twitter, “where and what is this anti-semitism” and I received just a couple of replies both referring me to the Twitter feed of a Jack Mendel who describes himself as the Web Editor of Jewish News UK. The pinned tweet which is supposed to justify this hysteria can be seen here.
There is nothing to see. It’s a conspiracy theory more suited to a spotty, adolescent 14-year old locked in his bedroom stinking of smelly socks than anything remotely serious.
On the evidence, and remember I am no supporter of Corbyn, the far more likely explanation is that this is a smear campaign which is really about the righteous opposition to the war criminal state of Israel and its apartheid and genocide against the Palestinian people.
UK Is The Only Country In the World To Criminalise Doctors Who Prescribe Cannabis
Bob Ainsworth MP. Like so many ex-ministers, now a supporter of cannabis law reform
It’s popularly believed that the obstacle to prescription of cannabis by doctors is that it is in schedule 1 of the Misuse of Drugs Regulations. In fact, in 2001, the then drugs minster, Labour’s Bob Ainsworth MP, enacted a little known provision of the Misuse of Drugs Act 1971 UK specifically to make prescribing of cannabis a criminal offence.
Extraordinarily, apart from mescaline, raw opium, coca leaf, DMT and some extremely rare substances that most people will never have heard of, cannabis is the only substance to which this ruling applies. The Statutory Instrument can be seen here. It designated cannabis as a drug to which section 7(4) of the Misuse of Drugs Act 1971 applies. I have reproduced the relevant sections at the end of this article.
Why? Well that is a very good question and one that will no doubt be subject to endless speculation. Could it be because only a couple of years previously the House of Lords Science and Technology Committee had recommended that it be available on prescription? No doubt the conspiracy theorists will connect it to that fact that only six months previously GW Pharmaceuticals PLC had floated on the Alternative Investment Market of the London Stock Exchange. It certainly demonstrates a determination by the then Labour government to restrict and prevent the medical use of cannabis as tightly as the law could possibly allow. It is unprecedented that such rigid controls should be placed, without any supporting evidence, on a substance which we know from recorded history has been used as a medicine for at least 5,000 years.
What is most important is what this means for law reform. Removing cannabis from schedule 1 would be insufficient to allow doctors to prescribe it. The Statutory Instrument would also need to be rescinded so that section 7(4) of the Act no longer applied to it.
Amber Rudd MP. A single stroke of her pen can save Alfie Dingley
However, what this highlights is that the scheduling of cannabis and its use as medicine is entirely within the discretion of the Home Secretary. The present incumbent, Amber Rudd MP, or any of her successors can, entirely on her own account, make any change to the scheduling of cannabis or doctors’ ability to prescribe it. She can also issue a licence on whatever terms she chooses to enable individual prescription, importation or possession.
In other words, the fate of Alfie Dingley and thousands more is entirely in Amber Rudd’s hands. The dishonest excuses advanced by junior Home Office minister Nick Hurd, that they “want to explore every option within the current regulatory framework” is obfuscation, doublespeak and deception at its most blatant.
The Misuse of Drugs Act 1971 section 7(3) and (4) Source: https://www.legislation.gov.uk/ukpga/1971/38/section/7
(3)Subject to subsection (4) below, the Secretary of State shall so exercise his power to make regulations under subsection (1) above as to secure—
(a)that it is not unlawful under section 4(1) of this Act for a doctor, dentist, veterinary practitioner or veterinary surgeon, acting in his capacity as such, to prescribe, administer, manufacture, compound or supply a controlled drug, or for a pharmacist or a person lawfully conducting a retail pharmacy business, acting in either case in his capacity as such, to manufacture, compound or supply a controlled drug; and
(b)that it is not unlawful under section 5(1) of this Act for a doctor, dentist, veterinary practitioner, veterinary surgeon, pharmacist or person lawfully conducting a retail pharmacy business to have a controlled drug in his possession for the purpose of acting in his capacity as such.
(4)If in the case of any controlled drug the Secretary of State is of the opinion that it is in the public interest—
(a)for production, supply and possession of that drug to be either wholly unlawful or unlawful except for purposes of research or other special purposes; or
(b)for it to be unlawful for practitioners, pharmacists and persons lawfully conducting retail pharmacy businesses to do in relation to that drug any of the things mentioned in subsection (3) above except under a licence or other authority issued by the Secretary of State,
he may by order designate that drug as a drug to which this subsection applies; and while there is in force an order under this subsection designating a controlled drug as one to which this subsection applies, subsection (3) above shall not apply as regards that drug.
There Are Tyrants Abroad And Tyrants At Home.
The story of Alfie Dingley is covered in today’s Sunday Times. Alfie is desperately in need of a few drops of cannabis oil each day to quell his life threatening seizures. That this medicine works for him and will save his life is proven beyond doubt under the supervision of a consultant neurologist in the Netherlands
Amber Rudd can issue a licence for cannabis oil for Alfie Dingley with a single stroke of her pen. The Misuse of Drugs Act 1971 specifically gives the Home Secretary this power.
The procrastination, excuses and dithering are outrageous. When I met a very senior ex-minister just recently his exact words were: “The settled view of ministers is that the campaign for medicinal cannabis is just an excuse to take cannabis”.
This is the sickening truth about those who run UK drugs policy and it should make all of us think very carefully about the nature of these individuals who sit in their ivory towers in Westminster.
They proclaim that there is “no medicinal value” in cannabis and deny any access at all while the UN reported six months ago that the UK produces, exports and stocks more legal medicinal cannabis than any other nation: ‘The UK Is The World’s Largest Producer And Exporter Of Legal Cannabis But Its Citizens Are Denied Any Access At All’
And “they” includes Victoria Adams MP, the current junior Home Office minister responsible for drugs policy whose husband, Paul Kenward, MD of British Sugar, grows 45 acres of medicinal cannabis under contract to GW Pharma: ‘Victoria Atkins MP, The UK Drugs Minister, Opposes Drugs Regulation While Her Husband Grows 45 Acres Of Cannabis Under Government Licence’
Aside from the cruelty and hypocrisy, there is no other word for this conduct from our government except corruption.
If it were Putin denying Alfie Dingley access to the medicine he needs we would call him a monster. There are tyrants abroad and tyrants at home.
Yellow Magnolia For Mum And Dad
Magnolia x brooklynensis ‘Yellow Bird’
I bought my mother and father this yellow magnolia in the spring of 2014. My father died the following Christmas and with my mother’s permission, when she moved house six months later, I dug it up and I’ve had it in a pot ever since. Sadly, of course, Mum died the next Christmas.
Now it’s reached its final home. I’ve planted it in pride of place on the front lawn of my new home. We scattered Mum’s and Dad’s ashes at Tintern Abbey but I held on to the cardboard box and bags in which we carried them. So beneath the yellow magnolia is the shredded cardboard and few traces of remaining ashes.
It means a lot to me.
This is Paul Kenward, husband of Victoria Atkins MP who is the UK drugs minister. He grows cannabis for a living.
Mr Kenward is managing director of British Sugar which grows cannabis under contract to GW Pharmaceuticals at its 45 acre greenhouse in Wissington, Norfolk. As confirmed by British Sugar, the cannabis is for production of Epidiolex, GW’s epilepsy medicine which is understood to be 98% cannabidiol (CBD).
British Sugar website
Epidiolex is not yet licensed as a medicine although it is currently with the FDA for US approval and the European Medicines Agency for approval within the EU including the UK. It’s unclear how the British Sugar operation can be legal as according to the Home Office it only issues licences for research purposes. Only after the medicine has received a marketing authorisation could it be legally grown for commercial purposes.
This is Mrs Kenward, who prefers to be known by her maiden name of Atkins, in a recorded discussion with Kevin Sabet, America’s most notorious anti-cannabis campaigner who is fighting desperately to see the wave of legalisation in the USA reversed.
Victoria Atkins MP is now a junior Home Office minister with responsibility for drugs policy. She has spoken out forcefully against any form of legalisation or regulation of cannabis in the UK. She also rigidly maintains the government’s line that there is ‘no therapeutic value’ in cannabis. Of course, when it comes to her husband she takes a different view and, of course, she has authority to see licences issued entirely on her own discretion.
Ms Atkins spoke about drugs regulation in Parliament in July 2017:
Isn’t it is her husband who is exactly the person she is talking about? He seems to be doing just fine as a “law-abiding citizen”.
Together with the Home Secretary, Amber Rudd MP, other cabinet minsters, including prime minister Theresa May, who was the previous Home Secretary, Ms Atkins is running a giant cannabis cartel. As shown by the International Narcotics Control Board, the UK is in fact the world’s largest producer, stockist and exporter of ‘legal’ medical cannabis.
UK citizens are denied any access to medical cannabis at all, except in the form of another licensed GW product known as Sativex. However, in practice, Sativex is virtually impossible to obtain. It is believed that about one million UK citizens use cannabis illegally for medical purposes.
No, this is not a spoof article. This story is so incredible and outrageous that you really couldn’t make it up. Yes, the picture of Paul Kenward is photoshopped but all these facts are easily verifiable.
Misleading Parliament Again. Victoria Atkins, The Drugs Minister With A Family Cannabis Farm.
She’s back! Victoria Atkins MP is again engaged in answering parliamentary questions on cannabis for the UK government. Clearly this is wholly improper when she directly benefits from commercial production of cannabis.
Ms Atkins disappeared from public view for a few weeks after CLEAR revealed that her husband is growing 45 acres of cannabis under government licence while she argues against drugs regulation in Parliament. It was particularly notable that she was absent from the House of Commons during the recent urgent question debate on a medical cannabis licence for Alfie Dingley. Instead, her colleague Nick Hurd MP, ostensibly the Police Minister, was required to answer a question on drugs. Similarly, she was nowhere to be seen as Paul Flynn MP’s bill came up for debate, which sadly, as CLEAR had predicted, never took place.
It is simply extraordinary that the so-called Drugs Minister should duck and dive out of view when such issues of massive public interest hit the headlines. She has a massive conflict of interest and it is completely unacceptable for her to continue in her present role.
Yesterday, 7th March 2018, she answered a written question from Roger Godsiff, the Labour MP for Birmingham Hall Green.
“To ask the Secretary of State for the Home Department, if she will assess the health and economic benefits of legalising cannabis for medical use.”
Ms Atkins answered:
“The World Health Organization’s Expert Committee on Drug Dependence has committed to reviewing the scheduling of cannabis under the United Nation’s 1961 Convention. This is due to consider the therapeutic use, as well as dependence and the potential to abuse constituent parts of cannabis. This is due in 2019 and we will await the outcome of this report before considering the next steps.”
This answer is at best disingenuous and misleading. Once the full facts are understood it is clear that it is deceptive and mendacious.
British Sugar’s giant greenhouse in Wissington, Norfolk where Victoria Atkins husband, Paul Kenward, grows cannabis
Ms Atkins husband, Paul Kenward, managing director of British Sugar, grows cannabis under contract to GW Pharmaceuticals for the production of medicine. Ms Atkins deceit is predicated on another deception promoted by the UK government that is some way or another, Sativex, GW’s cannabis medicine is not cannabis. GW is perfectly straightforward about this. Sativex is a whole plant cannabis extract adjusted by simple blending of two different strains to deliver 1:1 ratio of THC:CBD. It contains all the other cannabinoids, terpenes, flavonoids and other compounds present in the plants from which it is made. The government deception is to justify the issue of a marketing authorisation (MA) for Sativex by the Medicines and Healthcare products Regulatory Agency (MHRA) which is itself a deception. The MA was issued on the basis that Sativex is THC and CBD alone. The MHRA conveniently overlooks the hundreds of other ingredients and calls them “unspecified impurities”. The consequence of this is that, ludicrously, Sativex is a schedule 4 drug whilst any other form of cannabis remains schedule 1 and may not be prescribed
But the plot thickens. The deceit goes even deeper. It has been widely reported and British Sugar confirms that its grow is not for Sativex but for production of Epidiolex, the 98% cannabidiol (CBD) medicine that has not yet received an MA. If, as appears certain, this is the case then the British Sugar grow is unlawful under the declared policy of the government. Cannabis production licences (other than low-THC industrial hemp) can only be issued for “research or other special purposes“. They most certainly cannot be issued for the production of a medicine that is not yet authorised. Even if the British Sugar cannabis is low-THC, it is definitely not an approved EU industrial hemp strain and the purpose of its production is presently unlawful.
Ms Atkins through her husband is therefore engaged in the unlawful production of cannabis and is directly engaged in misleading Parliament as to government policy, the law and the medical value of cannabis. The World Health Organization story is a trick, a distraction, an excuse to divert Parliament from understanding the truth.
Ms Atkins conduct cannot be described in any other way except as corrupt. She is a disgrace as a minister of the Crown, to Parliament, to her profession as a barrister, to the Conservative Party, to her constituents in Louth and Horncastle and to the United Kingdom as a whole and all of its citizens. She is manifestly unfit for any public office.
The UK Is The World’s Largest Producer And Exporter Of Cannabis But Its Citizens Are Denied Any Access At All
This is the astonishing fact revealed by the International Narcotics Control Board (INCB) in its 2017 report on narcotic drugs.
In the UK no one has any legal access to any form of cannabis except exempt products derived from industrial hemp, most commonly CBD oil.
Theoretically, the cannabis medicine Sativex is available but in practice, in England it is virtually impossible to obtain it except on a private prescription as the National Institute for Health and Care Excellence (NICE) has recommended that it is not cost effective. In Wales it is available on prescription but doctors are first required to try highly toxic and dangerous drugs such as baclofen, tizanidine, gabapentin, pregabalin, even botulinum toxin or opioids.
The reality is that UK citizens are denied access even though their country is producing and exporting vastly more cannabis even than countries such as the USA, Canada, Israel, the Netherlands and Italy, all of which have legitimate and well regulated medical cannabis provision.
This revelation will further inflame the sense of righteous injustice in the UK. Against this background the UK continues to prohibit even medical use and is stubborn and intransigent in even being prepared to consider or discuss the evidence in favour.
How can the country which sanctions the legitimate production of more medical cannabis than any other in the world deny its own citizens legitimate access?
Gavin Williamson Shouldn’t Resign, He Must be SACKED. #AndImATory
The disgusting abuse of Jeremy Corbyn by the immature young man who has been give the grave responsibility of running Britain’s defence is beyond redemption.
I am a Tory. I’m no longer a member of the Conservative Party and after 40 years of voting for it I shall never do so again until it turns away from its authoritarian and illiberal path. But I am a true Tory instead of the fake that inhabits 10, Downing Street and her sycophants and hangers on.
Similar smears about Corbyn’s efforts in talking to the IRA and Hamas by other Conservative politicians are also beneath contempt. If our senior politicians aren’t doing all they can to reach out to such organisations in peaceful dialogue then they are irresponsible. However, that the Defence Secretary demeans himself and his office with such puerile conduct requires firm action. It is horrifying that this idiot has our armed forces under his control. It would be like giving his allies in defaming Corbyn: Murdoch, Dacre and the Barclay Brothers, access to our weaponry.
Williamson is totally unsuitable for his role and he was well before these events. He should be a junior assistant at some obscure party branch where he can make his childish mistakes and clumsy errors without causing real harm. The combination of youthful arrogance, incompetence, poor judgement and a flappy mouth should now destroy his political career for good. Perhaps his chums in the Fleet Street Mafia can find something for him to do publishing more poison and abuse?
Before that he should be dragged through the courts and bankrupted. There is no defence of fair comment or honest opinion for his behaviour, not even against the leader of a political party. Indeed, Williamson’s behaviour is an argument for bringing such serious slander back into the criminal courts.
Peter Reynolds 