Clear Plan v2

8/9/2019 Clear Plan v2

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How To Regulate

Cannabis In BritainThe CLEAR Plan Version 2.0

CLEAR Cannabis Law Reform. A UK political party.42-46, Bethel Street, Norwich, Norfolk NR2 1NR

www.clear-uk.org [email protected]

© CLEAR 18th October 2013


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Table Of Contents

Objectives 3

Introduction 4

The Central Role Of Sativex In UK Cannabis Law

Cannabis Ins!ectorate "

#edicinal Use $

Retail Sale %

Taxation %

Cannabis Cafes &

'o(estic Cultivation &

Co((ercial Cultivation &

I(!ortation )*

Cannabis Clubs )*

+dvertisin, - .ro(otion )*

Consu(!tion of Cannabis ))

References )/

0ow To Re,ulate Cannabis in 1ritain2The CL+R .lan 2/2* .a,e /


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Objectives

)2 To (ini(ise all health and social har(s of cannabis5 !articularl6 the involve(ent ofor,anised cri(e2

/2 To !rotect children and the vulnerable throu,h a,e restrictions5 res!onsible retailin,5health education and infor(ation2

32 To (axi(ise the thera!eutic and (edicinal benefits of cannabis

42 To !ro(ote 7ualit65 safet6 and the develo!(ent of cannabinoid science2

0ow To Re,ulate Cannabis in 1ritain2The CL+R .lan 2/2* .a,e 3


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Introduction

This is the second version of a !lan for the re,ulation of the cannabis su!!l6 chain in1ritain2 This version was !ublished on )%th October /*)32

The first version was !ublished on )/th Se!te(ber /*))2 Consultation on revisions for thissecond version too8 !lace in /*)/ as set out here9 htt!9::www2clear;u82or,:a;clear;!lan;for;the;re,ulation;of;cannabis;in;britain;!ublic;consultation:2 $/ res!onses were received tothe consultation2 These have been assessed and used to infor( this revised version2

The ori,inal !lan was develo!ed in conjunction with the Inde!endent 'ru, #onitorin, Unita,e at first use> / and one of the hi,hest !ro!ortion ofchildren usin, cannabis 3 than an6where else in the world2 These are !articularl6i(!ortant indicators as althou,h the health ris8s of cannabis are ver6 low5 lower than allother recreational


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The Central Role Of Sativex In UK Cannabis Law

The onl6 exce!tion to the !rohibition of cannabis in 1ritain is the licence ,ranted to @A

.har(aceuticals in connection with the !roduction of Sativex2 The 0o(e Office refuseseven to consider an6 other a!!lications for licences2 This is al(ost certainl6 unlawful5!rovidin, @A with a (ono!ol6 of (edicinal cannabis which is sustained b6 (isinfor(ationas to what Sativex is and what its effects are2

@A describes Sativex as an >endocannabinoid s6ste( (odulator> or an extract of T0Cand C1'2 In fact5 it is an whole !lant extract containin, all the cannabinoids that naturall6occur in the !lant2 It is (anufactured b6 blendin, to,ether two strains of herbal cannabisBa hi,h;T0C sativa >s8un8> and a hi,h;C1' ruderalis2 The onl6 accurate descri!tion ofSativex is that it is cannabis ; even thou,h the 0o(e Office states that there is >no(edicinal value> in cannabis2

@A also !ro(otes the untruth that Sativex does not !roduce a >hi,h> or the eu!horia thatis sou,ht b6 recreational users of cannabis2 vidence fro( Sativex users directl6contradicts this2 Conclusivel65 the Su((ar6 of .roduct Characteristics eu!horic (ood> as >co((on>2

Sativex is undoubtedl6 a valuable and effective cannabis (edicine which deserves its!lace in the !har(aco!oeia2 In the interests of ever6one5 it needs to be described5re,ulated and (ar8eted honestl62

In #arch /*)35 the 0o(e Secretar6 (ade a nu(ber of ver6 si,nificant orders in res!ect of

Sativex and @A .har(aceuticals2 Sativex5 as a schedule ) dru,5 had !reviousl6 been(ade available on an o!en ,eneral licence2 It is now a schedule 4 dru, and has beenfalsel6 distin,uished fro( cannabis in what a(ounts to a subversion of the #o'+2 Inaddition5 @As licence to cultivate cannabis issued in )&&% was for research !ur!osesonl62 Since at least /**35 @A has been involved in co((ercial ex!loitation of cannabisand has therefore been actin, unlawfull62 0owever5 the 0o(e Secretar6 has nowretrospectively legalised @As licence2 Dor the !ast )* 6ears5 @A5 its directors ande(!lo6ees should have been subject to the sa(e cri(inal !enalties as an6one else!roducin, a class 1 dru, )42

0ow To Re,ulate Cannabis in 1ritain2The CL+R .lan 2/2* .a,e


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Cannabis Ins!ectorate

TUKC# !ro!oses the creation of an ins!ectorate as an executive a,enc6 of ,overn(entto include a head office5 )* anal6sis laboratories5 )* bonded warehouses5 )* re,ionaloffices5 )** local offices with a total of /"/* staff and an annual bud,et of around E/**

(illion2

Its !rinci!al functions would be licensin, for do(estic and co((ercial cultivation5i(!ortation wholesale distribution and retailin,2 It would be res!onsible for collection ofthe cannabis tax and enforce(ent of the re,ulations2 #uch of its wor8 would be foundedon the scientific anal6sis of co((erciall6;,rown or i(!orted cannabis both for cannabinoidcontent and 7ualit6:safet62 In ti(e5 anal6sis (a6 be re7uired of ter!enoid5 flavonoid andother co(!ound contents2 Standards would be develo!ed to !revent conta(ination fro(!esticides5 fertilisers and fun,al ,rowth2

?ew !roducts such as edibles5 bevera,es5 concentrates and extracts would re7uire their

own standards and controls2 Other cannabinoids such as T0Cv5 C1C and C1@ (a6 be(onitored and controlled

Low level breaches of the re,ulations would be subject to financial !enalties and:orseiFure of !lants and e7ui!(ent2 Cri(inal sanctions would a!!l6 for serious breaches2 In!articular5 there would be severe !enalties for su!!l6in, to a (inor2

CL+R !ro!oses that the ins!ectorate should also have a (edicinal section5 concernedwith !roducts to be !rescribed b6 doctors which will liaise with the #edicines and0ealthcare .roducts Re,ulator6 +,enc6


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#edicinal Use

+ !rere7uisite of an6 rational s6ste( of re,ulation (ust be that doctors are able to!rescribe (edicinal cannabis2

The 0o(e OfficeGs current !osition that there is >no (edicinal value> in cannabis is absurdand de!ends on the dece!tion that Sativex is not cannabis2 There are now hundreds of!eer reviewed scientific studies de(onstratin, the efficac6 of cannabis as (edicine for(an6 conditions "2

On a doctorGs !rescri!tion it will be i(!ortant to be able to s!ecif6 controlled5 standardiseddosa,e cannabis in a variet6 of for(s2 The i((ediate and short ter( need is best (et b6!rescribin, Sativex or 1edrocan 1 !roducts which are available in four varieties9

1edrocan T0C )&H C1' )H1edrobinol T0C )/H C1' )H1ediol T0C "H C1' $2H1edica T0C )4H C1' )H

1edrocan is the 'utch ,overn(entGs official !roducer of (edicinal cannabis and hasex!erience in ex!ortin, to !har(acistsG re7uire(ents all over uro!e $2

@A .har(a is develo!in, new variants of Sativex with different cannabinoid contents fordifferent conditions2 Other co(!anies will also see8 to develo! extracts and !re!arations

to (eet !articular needs2 Transder(al cannabis !atches are read6 for (ar8et % and cho.har(aceuticals of ?ij(e,en is triallin, its ?a(isol tablet5 containin, T0C derived directl6fro( 1edrocan ,rown cannabis2 cho is also now able to !rovide extracts of s!ecific!h6tocannabinoids fro( 1edrocan cannabis &2 There is a flurr6 of new businessannounce(ents fro( the US+5 all !resentin, the(selves as cor!orate enter!rises2

#ethods of in,estion need further research and develo!(ent2 @A5 su!!orted b6 the0o(e Office5 !ro(otes the (6th that its oral(ucosal s!ra6 is the onl6 controlled (ethod ofdeliver62 In fact5 va!ourisin, is !robabl6 a su!erior (ethod !rovidin, (ore accuratetitration of dose )*2 1edrocan advocates the use of an infusion as a war( drin82 The

Sativex s!ra6 has (an6 disadvanta,es includin, the use of ethanol and (an6 !atientsre!ortin, (outh sores as a result ))2

'is!ensin, of (edicinal cannabis would initiall6 be throu,h the existin, networ8 of!har(acies2 It (a6 be that sufficient de(and would develo! for s!ecialist cannabisdis!ensaries (odelled on those !revalent in the US+2 Such strate,ic develo!(ent of thesu!!l6 chain would be an i(!ortant function of the ins!ectorate2

0ow To Re,ulate Cannabis in 1ritain2The CL+R .lan 2/2* .a,e $


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Retail Sale

Aholesale distribution and retail licensin, would be based on the tobacco:alcohol (odel2Licences would onl6 be ,ranted to a >fit and !ro!er> !erson or co(!an62 .reviouscannabis convictions would not dis7ualif6 an a!!licant2 There would be a dut6 ofres!onsibilit6 on retailers not to su!!l6 to so(eone obviousl6 intoxicated on cannabis orindeed alcohol2 + li(it of )* ,ra(s !er transaction could be considered althou,h there iscurrentl6 no li(it on sales of alcohol which is a ver6 (uch (ore dan,erous substance2Sales would be to adults onl6 and I' would be re7uired if there was an6 doubt of thecusto(erGs a,e2

In 0olland5 coffee sho!s are not su!!osed to be located within 3* (etres of a schoolalthou,h the rule is not well enforced2 Aith a!!ro!riate (ini(u( a,e and I' re7uire(entssuch rules see( unnecessar62

0erbal or resin cannabis could be wei,hed and sold at the !oint of sale or available !re;!ac8a,ed2 + ran,e of !roducts would be available and cate,orised in a si(ilar wa6 towine2

+ll !roducts should be su!!lied in a!!ro!riate !ac8a,in, which would feature labellin,!rovidin, ori,in5 cannabinoid content and har( reduction infor(ation2 So(e !roducts5such as edibles and concentrates would re7uire child!roof !ac8a,in,2

Retailers would also be re7uired to dis!la6 har( reduction and health infor(ationliterature2 Li(its would be set on the nu(ber of retail licences to be ,ranted in an6 area2

Taxation

To allow for effective re,ulation and !olic6;(a8in,5 an excise tax5 si(ilar to that i(!osedon tobacco or alcohol5 is essential2 In addition5 the su(s raised fro( this are central tole,alisation ar,u(ent and can be a substantial source of funds for the Treasur62 TUKC#!rovided the first !ro!osals for a tax and re,ulate re,i(e2 Recentl65 the 1ec8le6Doundation co((issioned a re!ort fro( the Institute of Social and cono(ic Research atthe Universit6 of ssex titled Licensin, and re,ulation of the cannabis (ar8et in n,land

and Aales9 Towards a cost benefit anal6sis2J )%2

'ifferin, levels of taxation:dut6 would be a!!lied to !roducts based on their cannabinoidcontent2 Initiall6 T0C content is the (ost i(!ortant (easure but in future dut6 could bebased on the ratio of T0C to C1'2 This !rovides a far (ore accurate !icture of stren,thand !otenc62

Ulti(atel65 the for(ulation of an effective tax re,i(e that balances the needs of allsta8eholders will be an exercise of trial and error2 Lessons will be able to be learned fro(the ex!eriences of the two US states5 Aashin,ton and Colorado5 in the run;u! tole,alisation there5 as well as fro( Uru,ua6 that is li8el6 to introduce a state run le,alised

cannabis s6ste(5 all be,innin, in /*)42

0ow To Re,ulate Cannabis in 1ritain2The CL+R .lan 2/2* .a,e %


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Cannabis Cafes

@iven the current restrictions on s(o8in,5 it is difficult to see how the 'utch coffee sho!(odel could be a!!lied in 1ritain2 0owever5 if retailers wanted to !rovide sheltered

>outdoor> areas where refresh(ents were also served5 this could be re,ulated underexistin, le,islation2 The use of va!ourisers and e;ci,s could also be considered2

Ahile cannabis and alcohol (i,ht be retailed fro( the sa(e outlet5 !re(ises licensed forthe consu(!tion of alcohol should not !er(it the consu(!tion of cannabis2

'o(estic Cultivation

The !ro!osal for do(estic licensin, is withdrawn2 Res!onses to !ublication of the ori,inal

!lan and to the consultation show clearl6 that this is not acce!table to (ost sta8eholders2Ae also reco,nise that the cost and !rocess of enforce(ent could be counter!roductive2

arious (odels of control have been considered includin, nu(ber of !lants5 ,rowin, areaor (axi(u( illu(ination2 On balance5 CL+R !ro!oses the followin, controls9

Ae su,,est that householders would be !er(itted to use a (axi(u( of "** watts ofartificial li,htin, to ,row cannabis2 In addition5 under natural li,ht5 a (axi(u( of six(ature !lants would be !er(itted2 +lso included would be a se!arate !ro!a,ation area forcuttin,s and seedlin,s of u! to one s7uare (etre2

It should be an offence to sell do(esticall6 cultivated cannabis or su!!l6 it to (inors2

Co((ercial Cultivation

Co((ercial licences could be a source of substantial inco(e based on ,rowin, area5li,htin, and audited !roduction 7uantities2 Strict 7ualit6 controls should be enforced on!esticides5 fertilisers and all ,rowin, conditions2 Co((ercial cannabis !roduction wouldbe a !ro(isin, new business o!!ortunit65 !otentiall6 creatin, tens of thousands of new

jobs5 both s8illed and uns8illed5 in all areas of the countr62

In fact5 for securit6 reasons5 cannabis far(s would best be located in re(ote areas2Incentives could be offered for the creation of new jobs in areas of hi,h une(!lo6(ent2

Strin,ent securit6 and (onitorin, would need to be in !lace to !revent theft and evasion ofdut6:7ualit6 controls2

0ow To Re,ulate Cannabis in 1ritain2The CL+R .lan 2/2* .a,e &


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I(!ortation

Le,iti(ate ex!ort o!!ortunities could be offered to countries such as #orocco and +f,hanistan where there is alread6 substantial illicit !roduction2

+f,hanistan is now the worldGs lar,est !roducer of hashish)/2 #orocco is now seriousl6considerin, le,alisin, cultivation as )*H of its @'. co(es fro( cannabis)2 .rovidin, ale,iti(ate outlet for these far(ers could offer transfor(ational benefits for the securit6situation there and !lace 1ritain in a leadin, role for econo(ic develo!(ent of theseareas2

1onded warehouses would receive i(!orts5 conduct scientific anal6sis and!ac8a,in,:labellin, a well as collectin, and ad(inisterin, dut6:taxation2

Cannabis Clubs

+n innovative (odel of co;o!erative !roduction alread6 exists in S!ain where (e(bers of!rivate clubs contribute ti(e and fundin, to !roduce cannabis for distribution a(on,stthe(selves2 The Dederacin de +sociaciones Cannbicas


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Consu(!tion of Cannabis

There would be no restrictions on consu(!tion of cannabis in !rivate b6 adults2

.ublic consu(!tion of cannabis would be !er(itted !rovided it was not li8el6 to causedisorder or i(!act on (inors2 Thus5 usin, cannabis discreetl6 in a !ublic !ar8 would beacce!table2 Rowd6 behaviour or ostentatious use where children are !resent would not2

Consu(!tion of cannabis (i,ht be an a,,ravatin, factor in an6 cri(e co((itted whileunder the influence2

'rivin, while (easurabl6 i(!aired or unfit would re(ain an offence2 Ahilst roadsidetestin, for cannabinoids is now !ossible5 CL+R !ro!oses usin, i(!air(ent tests ratherthan urine or blood sa(!le testin,5 as cannabinoids can re(ain in the bod6 for wee8s after

consu(!tion2

CL+R conde(ns without reservation the unjust and o!!ressive !ro!osals on dru, drivin,fro( the UK ,overn(ent2 These see8 to cri(inalise and re(ove the drivin, licences ofthose who have used cannabis with no evidence of i(!air(ent )$2

0ow To Re,ulate Cannabis in 1ritain2The CL+R .lan 2/2* .a,e ))


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References

1. Taxin, the UK Cannabis #ar8et5 #2N2 +tha5 S2T2 'avis5 /*))2 htt!9::clear;u82or,:w!;content:u!loads:/*)):*&:TaxUKCan2!df

2. uro!ean #onitorin, Centre for 'ru,s and 'ru, +ddiction /*)* +nnual Re!ort2htt!9::www2e(cdda2euro!a2eu:!ublications:annual;re!ort:/*)*

3. U?ICD Innocenti Research Centre5 Child Aell;1ein, in Rich Countries /**$2htt!9::www2unicef;irc2or,:research:/)):

4. 'ru, har(s in the UK9 a (ulticriteria decision anal6sis5 '2N2 ?utt5 L2+2 Kin,5 L2'2.hilli!s5 The Lancet /*)*2htt!9::www2thelancet2co(:journals:lancet:article:.IIS*)4*;"$3"H/%)*H/&")4"/;":fulltextarticlePu!sell

5. Sativex Su((ar6 of .roduct Characteristics

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