HSC – medicinal cannabis industry already covered by law
GUERNSEY’S existing laws already cover the medicinal cannabis industry, Health & Social Care has stated in the wake of a report prepared in Jersey that recommended the other island to draw up separate legislation.
HSC’s response echoed that of the Jersey States to the report, which was prepared by the Economic and International Affairs Scrutiny Panel.
‘Legislative controls already in place provide a robust foundation,’ said the Jersey response, adding that these would evolve as the industry developed.
Deputy Gavin St Pier asked for HSC’s comments on the report in a written question and also what lessons and recommendations might be applied locally.
‘Guernsey’s legislation broadly mirrors that of Jersey,’ said HSC in its reply and provided commentary on some of the Jersey report’s ideas and how they were reflected locally. ‘It is very positive to note that systems are already in place that address the significant issues that were highlighted in the report as recommendations for the States of Jersey to implement.’
It also highlighted Guernsey’s cross-committee approach to the industry with the formation of the Bailiwick of Guernsey Cannabis Agency, unlike in Jersey where the minister for health and social services is the sole member of its agency. Lessons could always be learned from such reviews and it was grateful for the chance to compare its systems with other jurisdictions.
While the Jersey report recommended that the island have its own laws, HSC said that, like Jersey, there are other laws which govern the drug. Locally there is the Misuse of Drugs Ordinance from 1987, which covers cannabis including CBPM (cannabis-based products medicinal).
A licence has to be given to enable the cultivation, production, possession and supply of the drug. While in Jersey it is proposed that licences to produce medicinal cannabis should include a full business case, with details of the financial and non-financial benefits, Guernsey does not make this specific request. It does, however, ask for applicants to provide company background and business overview information.
However, Guernsey is likely to look at whatever is decided for Jersey: ‘Local guidance will be amended if it is felt that there are any omissions or additions of benefit.’
Fees are reviewed every year, said HSC, in response to the Jersey report’s comment calling for an immediate review to make sure they are sufficient to cover costs while also considering the impact on the CBPM industry and its benefit to the Bailiwick.
Calls for any environmental or economic impact assessment for a new licence in Jersey to be made public are not applicable here, said HSC, and the applicant would need to provide evidence that it holds the relevant class use permission for a site.
An application must also include details of the applicant’s background and of the products that they intend to cultivate and/or process, what will be supplied and to whom.
‘Given the nature of the current legislation and the reason for holding this information, it is currently not deemed that this information is available in the public domain,’ said HSC.
While the BGCA does not have formal terms of reference with HSC, in response to the Jersey’s report’s implication that this would be a good idea, HSC said that there could be some merit in it, although there was already a reporting process between the agency and the committee through briefings and other feedback.
