Request for information on policy in relation to possession and use of prescribed medical cannabis.
Reference: 21061
Date Added: Wednesday, March 23, 2022
Category:
Disclosure Details
Thank you for your recent request under the Freedom of Information Act (FOIA) 2000.
Two duties are placed on public authorities under Section 1 of the Freedom of Information Act 2000 (FOIA). Notwithstanding applicable exemptions, the first duty at, Section 1(1) (a), is to confirm or deny whether the information specified in a request is held. The second duty at, Section1 (1) (b), is to disclose information that has been confirmed as being held. Under the provisions of those sections of the FOIA, we can confirm that the information you seek is not held by the Office of the Police and Crime Commissioner for Gwent.
You have requested the following information:
I wish to request, under the Freedom of Information Act (2000), the following from your Constabulary, Commissioner, or Panel:
1) a copy of the Constabulary's policy or procedure for the verification of the legitimate possession and use of prescribed medical cannabis/cannabis-based prescription medicine (CBPM);
No information held
2) if the Constabulary does not have a local policy regarding this, could you please confirm that the Home Office guidance is adhered to by the Constabulary - namely that someone claiming the legitimate possession and use of medical cannabis will be expected to produce: the original medication container complete with the pharmacy dispensing label bearing the name of the patient; with either a copy of their FP10 prescription or a letter from the prescribing clinician; and a form of recognised photo ID (such as a passport, driving licence, or a PASS accredited photocard) bearing the same name as displayed on the dispensing label and the copy of the FP10 or clinician's letter;
No information held
3) if your Constabulary does not have a policy relating to this, could you please provide the Constabulary's policy regarding compliance with the PSED (Public Sector Equality Duty), especially with regards to the avoidance of discrimination against disabled people for the legitimate possession and use of a prescribed medication;
No information held
4) a copy of any internal briefing documents provided to police officers regarding the existence of - and the process for the verification of - prescribed medical cannabis flower or other CBPM's following the Home Office Circular 2018: 'Rescheduling of cannabis-based products for medicinal use in humans' and The Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018 which allowed the prescribing of medical cannabis (CBPM);
No information held
5) the named lead for the Constabulary for matters pertaining to the verification of medical cannabis (CBPM);
No information held
6) the Constabulary's policy or position relating to the recognition of unaccredited card schemes such as Cancard or MedCannID, if such a policy exists.
No information held
The Office of the Police and Crime Commissioner for Gwent (OPCC) and Gwent Police are separate organisations. The OPCC are not responsible for and do not hold operational policing information, this is the responsibility of the Chief Constable of Gwent Police. You may wish to contact Gwent Police directly to determine if they have the information requested via the following link https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gwent.police.uk%2Frqo%2Frequest%2Fri%2Frequest-information%2Frip%2Frequest-information-police%2F&data=04%7C01%7CNicola.Warren%40gwent.police.uk%7Cae1bf735dadf49b7decb08da0cd152eb%7Ce46c8472ef5d4b63bc744a60db42c371%7C0%7C0%7C637836390415423261%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=rV1ErgiXczzfDRQfa%2FSNDLCvE%2FslENngRTcHxPHATtQ%3D&reserved=0.
The Freedom of Information Act is a public disclosure regime, not a private regime. Any information disclosed under the Act is thereafter deemed to be in the public domain, and therefore freely available to the general public and will be published on the OPCC website.
You have the right to appeal our decision if you think it is incorrect. Should you feel dissatisfied with this response or the way in which your request was handled, information on the Office of the Police and Crime Commissioner for Gwent FOI Appeals Procedure can be found on our website: https://gbr01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.gwent.pcc.police.uk%2Fen%2Ftransparency%2Fknow-your-rights%2Fyour-information-rights%2Ffreedom-of-information%2Fappeals-process%2F&data=04%7C01%7CNicola.Warren%40gwent.police.uk%7Cae1bf735dadf49b7decb08da0cd152eb%7Ce46c8472ef5d4b63bc744a60db42c371%7C0%7C0%7C637836390415423261%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=wYuRtSH80sLNbT0kXr74C5kbB5f2R53KhgjwuDgdU6g%3D&reserved=0
If you remain dissatisfied after an internal review decision, you have the right to apply to the Information Commissioner’s Office. The Commissioner is an independent regulator whose details can be found using the following link: https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fico.org.uk%2F&data=04%7C01%7CNicola.Warren%40gwent.police.uk%7Cae1bf735dadf49b7decb08da0cd152eb%7Ce46c8472ef5d4b63bc744a60db42c371%7C0%7C0%7C637836390415423261%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=cpMdgT0tIDFQNW4d4biY8D7v7kDs%2FUdhSkbQOMGMndE%3D&reserved=0
You can also write to the Information Commissioner’s Office at the following address:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF