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FREEDOM OF INFORMATION REQUEST REFERENCE NO: FOI-419-2024
I write in connection with your request for information which was received on 15th April 2024 as follows:
1) a copy of the Constabulary's policy or procedure for the verification of the legitimate possession, use, or presence (in saliva, blood, or urine) of THC resulting from prescribed medical cannabis/cannabis-based prescription medicine (CBPM);
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/or 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;
3) if your Constabulary does not have a policy in response to question 1, could you please provide the Constabulary's policy regarding procedural compliance with the PSED (Public Sector Equality Duty) of the Equality Act 2010, especially with regards to the avoidance of discrimination against disabled people. In the absence of a substantive policy, could you provide a clarification on the procedures in place to prevent the procedural or systemic discrimination against disabled people for the legitimate possession and use of their prescribed medication (through the seizure of prescription medicine or the arrest of the disabled person for their possession of this prescribed medicine);
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);
5) the named lead for the Constabulary for matters pertaining to the verification of prescribed medical cannabis (CBPM's);
6) the Constabulary's policy or position relating specifically to the Constabulary's _recognition_ of unaccredited card schemes such as Cancard, despite an absence of such recognition by the Home Office, if such a policy exists;
7) if your Constabulary is responsible for a port of entry or a domestic airport, whether the policies or procedures you specify differ for those departing from the United Kingdom or passing from landside to airside - as the Home Office regulations in this regard apply to the regulations relating to the personal carriage of controlled drugs, but not the procedures that should be followed by patients locally in compliance with these regulations (i.e. in terms of the practical steps that should be followed by patients to comply with these regulations);
8) the dates upon which any of the procedures, policies or positions engaged by your response to the above is due for review.
Please find the Warwickshire Police response set out below.
Q1 response: No Information held
Q2 response: Please refer to the attached NPCC briefing presentation.
Q3 response: Section 17 of the Freedom of Information Act 2000 requires Warwickshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:
(a) states that fact,
(b) specifies the exemption in question and
(c) states (if that would not otherwise be apparent) why the exemption applies.
The exemption applicable to the information is:
Section 21 - Information Reasonably Accessible by Other Means
This is an Absolute, class based exemption.
This information is available within the public domain at the below links:
Equality and diversity | Warwickshire Police
positive-action-strategy-2020-2025.pdf (warwickshire.police.uk)
Q4 response: Please see the documents attached.
Q5 response: This would fall under the role of the Controlled Drug Liaison Officer (CDLO). The requested information is available in the public domain and is therefore exempt from disclosure by virtue of Section 21, ‘Information Reasonably Accessible by Other Means’. Please see the link set out below:
Contact your nearest CDLO (apcdlo.org)
Q6 response: Please see the documents attached.
Q7 response: Not applicable
Q8 response: Not applicable
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or
email the Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB