Question to the Home Office:

To ask the Secretary of State for the Home Department, if she will make an assessment of the potential merits of amending Section 37 of the Misuse of Drugs Act 1971 to exclude any part of the Cannabis Sativa L plant with THC of 0.2% or less.

The flowers and leaves of the cannabis plant are controlled drugs under the Misuse of Drugs Act 1971 (‘the 1971 Act’) irrespective of their tetrahydrocannabinol (‘THC’) content. The Government has no plans to review the definition of cannabis for control purposes.

Cannabis is a Class B controlled drug under Part 2 of Schedule 2 the 1971 Act. ‘Cannabis’ is defined in section 37(1) of the MDA 1971 and is, in essence, the plant or any part of the plant with the exception of the mature stalk; fibre produced from the mature stalk; or the seed of any such plant. It is also listed in Schedule 1 to the Misuse of Drugs Regulations 2001 (‘the 2001 Regulations’) and designated under the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 (2015 Order). As such, it is unlawful to possess, supply, offer to supply, produce, import or export this drug except under a Home Office licence.

THC, as a cannabinol derivative, is separately controlled as Class B drug. It is also an offence to cultivate any plant of the genus Cannabis except under a Home Office licence. Cannabis-based products for medicinal use (‘CBPMs’) are defined separately in the legislation and placed in Schedule 2 to the 2001 Regulations. Specialist clinicians can prescribe unlicensed CBPMs (i.e. CBPMs without a marketing authorisation granted under medicines legislation) where they deem it clinically appropriate and in the best interests of their patients.