Posts Tagged ‘GW Pharmaceuticals’
Legal Opportunities For Medicinal Cannabis Users
Recent developments mean that there are new opportunities to challenge the prohibition of cannabis as medicine. Now I am not a lawyer, so these ideas should be carefully discussed with your legal advisors before you even consider pursuing any of them. I may be wrong about the correct procedure, process or terminology. I am highlighting opportunities that I have identified, based on my personal experience and knowledge. Qualified legal advice is essential.
Disingenuous
The British government’s current position on medicinal cannabis is absurd and irrational. As I understand it, those are exactly the criteria for which the process of judicial review is intended. That is one route. Another, more risky opportunity arises if you are facing prosecution or have been convicted of an offence of possession, cultivation or production. There are ideas here which you may want to consider as a defence or an appeal. However, please be very careful. If things go wrong, advancing such arguments might result in a heavier sentence, such is the cruel, oppressive and iniquitous intent of current government policy.
Dishonest
The Home Office is simply dishonest in its current stance saying that there “are no medicinal benefits” from cannabis. James Brokenshire, the drugs minister, cannot hide behind a lack of knowledge so he looks either more stupid or dishonest every day. David Cameron made the most dreadful, disingenuous comment about medicinal use in his Al Jazeera World View YouTube interview last week. See here. He said “That is a matter for the science and medical authorities to determine and they are free to make independent determinations about that.” That, of course, is absolute rot and Cameron should be ashamed of himself for such misinformation.
Obtain A Doctor’s Prescription For Medicinal Cannabis
There is nothing to prevent your British doctor from prescribing medicinal cannabis for you if he/she believes it is appropriate. Bedrocan BV is the official contractor to the Dutch government for the production of medicinal cannabis. Go to its website here and you will discover it has a range of products offering different proportions of cannabinoids and terpenoids for different conditions. Prescribing information is available for your doctor in exactly the same way as any other drug. All he/she has to do is select the product and write out a prescription in the normal way. Your doctor can’t get in trouble for this. There is nothing improper or unethical about it, but it is, of course, your doctor’s decision whether to do so or not.
If your doctor isn’t prepared to help, the next best thing is to go to a doctor in Holland, Belgium, Germany, Spain or Italy, all countries where medicinal cannabis is regularly prescribed. In theory, you should be able to see a doctor in another EU country under reciprocal healthcare arrangements but if you can afford it, it may be simpler to go privately.
Another option is to go to one of the 15 US states that permit medical marijuana and obtain a doctor’s recommendation.
Once you have your prescription, you need to apply to the Home Office for a personal import licence to bring your medicine in from Holland. The licensing section on the Home Office website is here. If you obtain a licence you will also need to go through a similar process with the Dutch Bureau voor Medicinale Cannabis to obtain an export licence. The correct section of its website is here.
Of course, the reality is that the Home Office is not going to grant you a licence. You can then pursue the matter through your MP who should make representations to the minister on your behalf. You are then at the point to make an application for judical review of the Home Office’s decision.
Challenge The Government’s Interpretation Of The Schengen Agreement
The Schengen Agreement provides protection for travellers to carry their medicine with them within the EU. The crucial factor is your country of residence. See here for detailed information. Although there is no precise definition of residency, if you are resident in an EU country where medicinal cannabis is permitted, then you may bring your medicine into Britain and, believe it or not, there is no restriction on your use of it. You would be perfectly entitled to sit on the steps of Scotland Yard or even the Home Office’s Marsham Street HQ and smoke a spliff. However, if you are a UK resident, even if you have obtained your medicine on prescription abroad, you are not protected. This is clearly discriminatory under EU law and could be challenged in court. I’m not certain whether you would apply to a British court or to the European court but your solicitor would advise you on this.
Defence Or Appeal On The Grounds Of Medical Necessity
The Appeal Court disallowed a defence of medical necessity back in 2005. A petition to the House Of Lords Judicial Committee and to the European Court Of Human Rights was dismissed without any reasons given. I understand that the Appeal Court’s reasoning was that there were no proven medicinal benefits of cannabis. However, things have changed enormously since then. The MHRA approval of Sativex and the Home Office’s issue of a general licence for it are conclusive proof of medicinal value. Whatever misinformation the Home Office may promote, expert evidence would prove that Sativex is pharmacologically identical to, for instance, one of the Bedrocan products. There is also now a vast resource of peer-reviewed clinical evidence of medicinal benefits.
There is an horrendously improper judgement (R -v- David King, St Albans Crown Court), where a medicinal user was not allowed even to mention medicinal reasons to a jury on pain of imprisonment for contempt. Your lawyers would need to study this carefully. However, it is so clearly unjust that I do not believe it could be sustained.
Re-Scheduling Of Sativex
Sativex is currently a schedule 1 controlled drug which means it has no medicinal value. As mentioned earlier, the Home Office has dealt with this temporarily by issuing a general licence for it. However, it needs to be re-scheduled and the Advisory Council On the Misuse of Drugs (ACMD) has recommended that it be placed in schedule 4. See here for the full story.
Sativex cannot be re-scheduled under its brand name and the only pharmacologically accurate way of describing it is cannabis. The ACMD left a possible escape route for the Home Office by saying that its “active” ingredients would have to be specified. GW Pharma, the makers of Sativex would say that this means an extract of THC and CBD. However, this is dishonest. Sativex contains all the 60-odd cannabinoids that occur naturally in the plant. There is no other way of describing it accurately than to call it cannabis. If Brokenshire and his cronies try to prolong this deception then they can be challenged by judicial review. The aim here is to ensure that the re-scheduling is accurate and so cannabis becomes a schedule 4 drug. This would then open up all opportunities for cannabis as medicine.
I have no doubt now that medicinal cannabis will be permitted in some form or another in Britain within the near future. We may need to force the government’s hand through litigation or, perhaps Brokenshire will be moved to another department and then the Home Office can “adjust” its position.
At present, it is a monstrous injustice, an evil and obscene scandal, that those who need cannabis as medicine are denied it. The way of politics is that a few years from now it may well all have changed and Brokenshire will be at the Ministry of Silly Walks or somewhere better suited to his talents. However it works out, what I care about is that those in pain and suffering get the relief they need. One day soon, Brokenshire will have to answer to his constituents and later to an even higher power. How he will justify his cruelty and negilgence I don’t really care but I know I wouldn’t want to be in his shoes on judgement day.
Cannabis Embarrassment At The Home Office
The re-scheduling of Sativex, the cannabis tincture marketed by GW Pharmaceuticals is causing huge embarrassment at the Home Office.
Everybody’s been able to go along with the white lie up to now that Sativex is some sort of highly complex, super scientific, super medicine containing cannabinoids. True enough, GW Pharma has put millions into development and testing in order to jump through the hoops the government has demanded. At the end of the day though, all Sativex consists of is a tincture, an alcohol extract of herbal cannabis. It’s made simply by gently heating a blend of herbal cannabis in ethanol and then adding a little peppermint oil to taste.
An Honourable Man?
The Medicines and Healthcare Products Regulatory Agency (MHRA) has approved Sativex for the treatment of muscle spasticity in MS. I understand that an approval for the treatment of cancer pain is expected shortly. The problem for the Home Office is that Sativex now has to be re-scheduled under the Misuse of Drugs Act 1971. Cannabis is presently in schedule one as having no medicinal value. The Advisory Council on the Misuse of Drugs (ACMD) has recommended this week that Sativex be in schedule four, alongside a variety of minor tranquilisers. However, as the ACMD says, “it will not be appropriate to refer to “Sativex”, which is a proprietary name, in any amendment to the misuse of drugs regulations, and that a suitable description of the relevant component(s) of “Sativex” will have to be scheduled.”
This is going to be tough for James Brokenshire to face up to. GW specifies that Sativex contains approximately equal proportions of THC and CBD but that’s not the whole truth. It also contains as many as 400 other chemical compounds which occur naturally in the plant including at least 85 cannabinoids (nobody is exactly sure how many cannabinoids there are or their effects). You see there’s not really any other accurate way of describing Sativex except to call it cannabis. So how can Mr Brokenshire possibly move it to schedule four? He endlessly repeats the propaganda that “there are no medicinal benefits in cannabis”.
Either Mr Brokenshire has to come clean and accept that his past position was incorrect or he has to promote some further deception.
I trust he will prove to be an honourable man.
The Truth About Sativex
Sativex is super strong, concentrated cannabis. Nothing more, nothing less.
GW Pharmaceuticals would have you believe that it’s a “pharmaceutical” product because according to its research that’s what patients prefer. As the GW spokesman puts it, “It’s a pharmaceutical solution, formulated with the ability to deliver a precise dose and with stringent standards of quality, safety and efficacy”.
In fact, what GW does is grow high quality cannabis under pretty much the same conditions as most illegal growers. It uses clonal propagation to ensure consistent levels of cannabinoids. Lighting and hydroponic nutrition is computer controlled with automatic ventilation. It really is no different from the most sophisticated and efficent illegal cannabis farms. It’s a recognised and proven technology now also used by Bedrocan in Holland, the Dutch government’s exclusive medicinal cannabis grower and Gropech in California which is building a new 60,000 sq ft facility in Oakland for a crop worth $50 million per year.
Bedrocan Grow
The difference between these crops from legal and illegal growers is insignificant. It’s similar to buying your tomatoes from the supermarket or the farm shop.
GW Grow
GW takes its high quality cannabis, chops it up and makes a tincture by heating it under pressure with CO2 and then adding ethanol to precipitate an oil. Then, with the addition of a little peppermint oil to mask the taste and some preservative, the filtered liquid is packaged into tiny little aerosol bottles. Each spray delivers 2.7mg of THC and 2.5mg of CBD. What GW doesn’t tell you that it also contains all the other 100+ cannabinoids found in the plant, each of which has its own mechanism of action and effect. It also contains flavonoids, terpines and other compounds. Everything that is found in the plant.
Illegal Grow
I applaud GW Pharmaceuticals for bringing the enormous benefits of cannabinoid therapy into the 21st century. It’s nothing new though. The medicinal value of the plant has been known and widely used for thousands of years. Only in the last century has it been demonised by lies and propaganda. It would be a mistake though to think that Sativex is anything different from the plant itself. It’s just been wrapped up in a marketing and physical package which has enabled stupid and cowardly politicians to accept it.
In fact, Sativex remains just as illegal in Britain as herbal cannabis. Even though it has received MHRA approval for use in the treatment of MS spasticity and may be prescribed by a doctor, it remains a schedule 1 drug under the Misuse Of Drugs Act. The Home Office has indicated that it intends to amend the law but has not yet done so. This means that any pharmacist who dispenses Sativex at present is guilty of exactly the same criminal offence as any street dealer in weed or hash.
The Home Office will, of course, turn a blind eye to this but not to medicinal herbal cannabis even though, in every sense, it is identical to Sativex (except that Sativex also contains alcohol and peppermint oil). The stark idiocy of British law is revealed.
Never before has there been a better example of the how the law is an ass and so are the spineless politicians who support it.
“Outrageous Scaremongering” Over Cannabis
Last October, 36-year old Julie Ryan was found dead in bed by her three children, now aged 14, 13 and 8. At a coroner’s inquest in Oldham last week, pathologist Dr Sami Titi said “The direct cause of her death was cardiac arrest because of a history of smoking cannabis”.
Dr Sami Titi
Julie’s family claims that this is not true, that Julie’s cannabis use has been blamed because the Royal Oldham hospital failed to treat her properly. In Britain, there has only been one previous occasion when a death has been attributed to cannabis. In 2004, Lee Maisey, 36 of Pembrokeshire, who smoked half a dozen “joints” a day, was found dead on his living room floor after complaining of a headache.
At the inquest in Oldham, the coroner, Simon Nelson, was said to be surprised at the pathologist’s story and questioned him closely. Dr Titi insisted that “smoking of cannabis is well known to have a negative impact on the heart and can cause heart attacks in young people”. The coroner said that in 15 years he had never heard a pathologist so confident that cannabis could be fatal. He recorded a narrative verdict of “death from cardiovascular complications induced by cannabis smoking”.
Coroner Simon Nelson
Julie’s brother, Kevin Ryan, says that the pathologist’s remarks are “outrageous scaremongering”. Her mother, Linda, is bewildered by events. As planned, Julie’s children had stayed with her while the inquest was taking place. Now they have returned home to the furore of this extraordinary verdict and are extremely distressed.
Julie had visited the Royal Oldham hospital several times complaining of chest pains but been sent away with a diagnosis of heartburn. The post mortem examination revealed she had a severely enlarged heart and had suffered a previous heart attack which had not been diagnosed. Family sources said “It’s a cover up. Cannabis doesn’t kill. They made a big mistake.” Mary Burrows, Julie’s cousin, who was very close to her, said she preferred to smoke cannabis rather than have a drink and that “she was a wonderful mother and her kids miss her so much”.
Dr Mark Eckersley, a local Manchester doctor, said “More and more pressure is being piled on medical professionals to propagate this type of untruth by the powers that be.” He said doctors need to maintain credibility with the community and that “this type of nonsense makes my blood boil”.
A spokesman for the Royal Oldham hospital said “Miss Ryan died from a heart attack and cardiovascular problems. Our thoughts and sympathy go to her family.”
On 2nd November in California, Proposition 19 is expected to permit the personal use of cannabis for the state’s 28 million adults. As a result, new tax revenues of $1.4 billion are anticipated, up to 110,000 new jobs and a boost of up to $18 billion to the state’s economy from spin-offs such as coffee shops and tourism.
In America, any health concerns about the plant are far outweighed by health benefits. Medical cannabis is already regulated in 14 states with another 12 in the planning stage. In Britain, Sativex, a whole plant extract of cannabis, was recently authorised as a treatment for MS. It costs about eight times what medical cannabis costs in America, Holland, Spain, Israel and very shortly Germany, where there is a fully regulated supply chain. In Britain, despite a House Of Lords Scientific Committee recommendation, the government refuses to consider such a move. Many patients whose doctors have prescribed Sativex have been denied funding from their health authority. In some of these cases, criminal prosecutions have been brought against them for cultivating their own plants.
A spokesman for GW Pharmaceuticals, developers of Sativex, said “The therapeutic ratio for cannabis is so high that it is virtually impossible to ingest a fatal dose”.
Prof. David Nutt
Professor David Nutt was sacked as chairman of the Home Office’s Advisory Council on the Misuse of Drugs last year after claiming that cannabis was less harmful than alcohol and tobacco. His successor, Professor Les Iversen, also maintains that cannabis has been “incorrectly” called dangerous and says it is one of the “safer recreational drugs”.
On Friday, Professor Nutt said cannabis “seems to cause much less harm than alcohol and that banning the plant is “unjust and therefore undemocratic”. He added: “The previous government’s policy to deter cannabis use by forceful policing increased convictions for cannabis possession from 88,000 in 2004 to 160,000 in 2008. As well as ruining many lives through getting a criminal record, this added massive costs to taxpayers in extra policing and prison costs.”
Prof. Les Iversen
Dr Sami Titi, the pathologist, was unavailable for comment and did not respond to emails. It has not been possible to identify any scientific support for his conclusions.
Julie Ryan’s family is left bemused and uncertain by this verdict. Three children are without a mother and confused about contradictory messages. The 13 year old has been posting on websites about her concerns. Meanwhile, the Public Accounts Committee and the National Audit Office have criticised the government for basing drugs policy on opinion rather than evidence. James Brokenshire, the Home Office Minister, in direct contradiction to his own advisers, continues with the story that cannabis is “extremely harmful”.
James Brokenshire
Both David Cameron and Nick Clegg are on record over the last 10 years as consistently calling for reform in drug policy. The Your Freedom website has been overwhelmed with requests for evidence based regulation of drugs and the legalisation of cannabis but the government is riding roughshod over this public outcry. A consultation document on a new drugs strategy was issued just over a week ago but it seems meaningless and dishonest as all the big decisions have already been taken. Cannabis campaigners, working on behalf of six million regular users in the UK, are outraged at what they see as hypocrisy, misinformation and regressive government action.
Dr Mark Eckersley, exasperated and concerned at the pathologist’s evidence said “This is simply not true. Hearing this story is more likely to cause a heart attack than the ingestion of any cannabinoid”.
Peter Reynolds 