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UK Home Office Sparks Cannabis Debate after E-mail Error

Maars News

Saturday 30 Oct 2010

Erroneous e-mails sent out by the UK Home Office to the general public that stated that that some people were legally permitted to import medicinal cannabis to Britain, have sparked heated debates across the country about the legal status of the drug.

Officials in the drugs strategy unit incorrectly advised that under EU law individuals could bring small quantities of medicinal cannabis into the UK for personal use if they had valid documentation, including a prescription from a doctor in an EU country where the drug was legal, the UK Guardian cited.

Although UK Law bans the possession of the drug in any form, the “advice” was later posted online and rapidly spread leading to discussions in various forums which predicted that in the wake of the “official guidance” several thousands of people would travel to Netherlands and Belgium, the only two EU states where the drug is legal, to get prescriptions.

A Spokesperson from the Home Office later did confirm that emails containing "incorrect advice" were circulated which arose due to the misinterpretation of a 15-year-old piece of European law known as the Schengen agreement by the department offcicially, after initially denying the claims and issuing a statement:

"Cannabis is dangerous and has no medicinal benefits in herbal form. It remains illegal for UK residents to possess cannabis in any form."

The Clause 75 of the Schengen Agreement regulates the travel within the EU with "prescribed controlled drugs".

However it adds that only people, who are from countries where the drug being carried is legal to move between countries while in possession of it, are permitted. Several conditions also state that individuals must have the appropriate permits and a doctor's prescription from the relevant country.

This implies that British Residents will not be permitted to the UK if they were found possessing medicinal cannabis in spite of having a prescription from a country where it is legal.

The chief executive of Release, Sebastian Saville, said, "What is more worrying though is how Home Office advice could have led to people being prosecuted and potentially imprisoned."

He says that Britain should take the example of California where medicinal cannabis is currently available and a referendum on November 2nd will decide whether the dug should be legalized for general use as well.

Active campaigners for the legalization of cannabis argue that denial of the drug to people in pain is tantamount to discrimination, as people with chronic illnesses claim that it is effective as a pain reliever.

A spokesman for the Home Office said: "We apologize if inaccurate information was given in good faith during correspondence with the department."

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