to request the Minister for Health and Social Services to issue a licence to Ms. Katie Le Texier for her to be professionally prescribed and supplied with Bedrocan BV products in accordance with the Minister's discretionary powers under the Misuse of Drugs (General Provisions) (Jersey) Order 2009;
to request the Minister for Health and Social Services to review procedures for persons in need of treatment who have exhausted all other treatment and management options available locally and in the UK and who are left without any further treatment while waiting for the Minister to exercise discretion to allow treatment with Cannabis Sativa within the provision safeguarded by the Misuse of Drugs (Jersey) Law 1978 so that the physical and mental impact of delays can be mitigated.
to issue a licence to Mrs. Ann Christine Hill for her to be professionally prescribed and supplied with "Sativex" or similar proprietary treatment in accordance with the Minister's discretionary powers under the Misuse of Drugs (General Provisions) (Jersey) Order 2009;
to take the necessary steps to make "Sativex" more generally available in Jersey to those in need of this treatment, irrespective of their financial circumstances.
to request the Minister for Health and Social Services to issue a licence to Ms. Evelyn Mary Rose Volante for the possession of cannabis for the treatment and relief of her pain and other symptoms in accordance with the Minister's discretionary powers under the Misuse of Drugs (General Provisions) (Jersey) Order 2009.
that all medical professionals with the right to prescribe should be permitted to prescribe –
Cannabis;
Cannabis-derivatives;
individual Cannabinoids;
pharmaceutically-created Cannabis-derived products (including Dronabinol, Epidiolex, Nabilone and Sativex); and
to request the Minister for Health and Social Services to present the relevant changes to the law necessary to give effect to this decision to the States Assembly no later than 28th February 2019, consulting, as appropriate, on the details of implementation with the Misuse of Drugs Advisory Council.
Further to news that Guernsey's Health Department has spent £400,000 so far this year sending users of so-called legal highs to the U.K. for treatment, most of which are under the age of 18, will the Minister inform Members how much, if any, is spent in Jersey on the treatment of such users?
What were the total court costs incurred from the prosecution of drug offences in 2011?
What was the breakdown for cannabis related offences and for other drug offences?
What money, if any, was recovered from these offences and paid into the Criminal Offences Confiscation Fund and what was the net difference between cost incurred and funds seized?
Will the Minister confirm whether her department has been approached by any individual with a view to importing cannabis for medicinal use and, if so, what steps would be necessary to enable G.P.s (general practitioners) to import and prescribe cannabis for medicinal use to their patients?
Will H.M. Attorney General clarify whether the importation and possession of cannabis for medicinal use would be possible under the provisions of the Misuse of Drugs (Jersey) Law 1978 and, in particular, whether the Minister for Health and Social Services has the power to issue a licence allowing possession of cannabis for medicinal use?
Following the recent decision of Mexico's Supreme Court that access to cannabis is a fundamental human right, what implications does this have for Jersey, if any, and what is the likelihood of such a test case precipitating a similar decision in Jersey?
how many individuals have been cautioned for Cannabis possession in the past 5 years;
how many of those were prosecuted, and
what the outcome of the prosecutions were; including, in each case, how many of those individualsclaimed to be 'medicinal users'?
What has the estimated cost been, over the last five years, for dealing with Cannabis enforcement, including Police time, Customs, Crown Officers, Court costs and prison accommodation?
Does the Minister consider that the primary focus of Jersey's drugs policy should be harm reduction and, if so, what action, if any, is being taken in this regard in the Island?
Given the contents of Cannabis: the Evidence for Medical Use(in particular pages 31 to 33), will the Minister require the Medical Officer of Health to issue an apology and a correction following the Medical Officer's statement to BBC Radio Jersey on 3rd May 2017 that: "There is no evidence [in the Barnes Report] that smoked cannabis is effective"?
In the light of recent changes in other jurisdictions and following the publication of Cannabis: the Evidence for Medical Use (known as the "Barnes Report"), is the Minister considering any changes to the Island's current drugs policy?
Given that work has previously been undertaken on advancing the concept of pharmaceutical crops being grown in Jersey, will the Minister explain if this matter is still being researched and, if so, whether any progress has been made in this respect?
Further to the Minister's comments to the Assembly on 26th September 2017 that he hoped that arrangements to prescribe certain medicinal cannabis products would be in place "by the end of the year", will the Minister provide an update on this matter?
Will the Minister provide a list of approved medicinal cannabis products that he will make available in Jersey; and will he also confirm that existing products such as 'Sativex', and any new products, will be made available on free prescription where prescribed by a G.P. or from the General Hospital, and if not, why not?
Specifically, what problems have been identified, if any, with the transportation of what will be approved medicinal cannabis products to Jersey, and has there been a delay in their transportation?
If there has been a delay, what steps have been taken to make sure these products can be brought to the Island without further delay?
What dialogue has taken place between the Minister and the Minister for Health and Social Services in this regard in the past two months?
What cannabis products, if any, have been approved or shortlisted for approval for medicinal use and what criteria must a medicinal cannabis product meet in order to be put on the list?
What provisions currently exist or will be made available for individuals with the relevant prescription to transport medicinal cannabis products in and out of Jersey?
Will the Minister outline his understanding of the legal and practical barriers that currently exist within his portfolio for the importation of medicinal cannabis; and will he advise what steps, if any, have been taken to resolve these issues?
Has cannabis been taken off Schedule 1 (under Misuse of Drugs legislation) and put on to Schedule 2 to allow for medicinal usage; if not, will the Minister explain why not and state whether it is still the intention of the department to do so and what the timescale is for it to happen?
What is the Minister's assessment of the finding of 'Cannabis: The Evidence for Medical Use' (i.e. the Barnes Report) that "cannabis does have medicinal value and continuing placement of cannabis under Schedule 1 of the Misuse of Drugs Act, which thus states it is of no medicinal value, is inaccurate and misleading"; will he undertake to re-visit the scheduling of cannabis under Jersey law; if not, will he explain why not; and, if so, will he state when cannabis will be removed from Schedule 1 of the Misuse of Drugs (Jersey) Law 1978?
Will the Minister provide the date on which the Legislative Drafting Officer was given the instruction to amend the Misuse of Drugs (Jersey) Law 1978 to reflect the reclassification of Bedrocan and Tilray medication?
Will the Minister state what content of tetrahydrocannabinol(T.H.C.) is legally allowed in so-called 'C.B.D. oil' (Cannabidiol) which is sold over the counter as a health supplement in Jersey; and advise what testing, if any, is done to ascertain that such imported products do not contain levels of T.H.C. that exceed the legal limit?
What legal provisions, if any, are in place to deal with a visitor from a jurisdiction which allows tetrahydrocannabinol (T.H.C.)-based medication, and who has been prescribed such medication, to bring it into the Island?
Further to comments made to the media by a leading pain consultant reported on 19th November 2018 regarding the use of medicinal cannabis, is it the Minister's assessment that consultants who indicate they will not act in accordance with the decisions of the States Assembly should remain in the employment of the States of Jersey?
In light of the agreement that medicinal cannabis products may be prescribed, will the Minister advise –
whether any G.P.s are still unwilling to prescribe such products and, if so, will he undertake to confirm whether this is due to a lack of knowledge, education, support from his Department, or cultural resistance from more senior colleagues;
whether any pharmacies are unwilling to supply such products and, if so, whether it is due to any lack of clarity or specificity regarding the products made available which thereby renders such products subject to costs on the private tariff; and
if there are such G.P.s or pharmacies, what he is going to do to deliver on the agreement that such products may be prescribed; and
will the Minister explain whether any pharmacies have not yet moved the drug Sativex from the private list of products to the free prescription list and, if there are such pharmacies, why that is the case?
Given his recent public comments in support of developing a medicinal cannabis industry in the Island, what steps, if any, will the Chief Minister take to ensure that his Government makes medicinal cannabis accessible to Jersey patients in the near future?
Will the Minister advise whether baggage checks for cannabis, or other illegal drugs, are carried out,as a matter of course, in St. Malo for passengers to Jersey, including foot passengers; and if not, at which point in a standard journey Customs officers undertake such checks?
Will the Minister explain what process must be followed in order for an individual to obtain a licence for the growing and possessing of medicinal cannabis and will he ensure that information about the process will be made publicly available, as is the case in Guernsey?
Where a Jersey patient has obtained a prescription for Good Manufacturing Processes (G.M.P.) approved cannabis medication, including from a prescriber outside the Island, what methods are available to that individual to obtain the prescribed medication; and where it is unavailable in Jersey, is the patient allowed to import it themselves?
Will the Minister explain whether Environmental Impact Assessments were undertaken on sites used, or intended to be used, by firms that have recently been awarded licences for the commercial cultivation of medicinal cannabis; and will he state whether the results of any such assessments will be made publicly available?
Further to undertakings made in the Government Plan 2021-2024, will the Minister -
provide the Assembly with an update on the progress, if any, that has been made in respect of proposals for a scheme to tax the growing and processing of medicinal cannabis;
advise, in particular, whether any tax incurred by people on the profits made from the growing and processing of medicinal cannabis will be separate from, or additional to, any other tax paid by these people; and
advise whether any tax levied on the growing and production of medicinal cannabis will be at the full standard rate without set off?
Has the Minister considered the position of capital allowances on the large infrastructure costs, interest payments, related party fees and other mechanisms used to reduce the potential taxable profits arising from the growing and processing of medicinal cannabis; and will he state whether this will be fully addressed prior to any draft regulations being proposed?
In light of recently submitted development plans, will the Minister publish a list of sites that have been identified as suitable for the growing and production of medicinal cannabis and explain what additional information was requested in relation to these sites; and will he explain what consideration has been given, in relation to these plans, to the potential for increased activity and the impact on neighbours and on the countryside?
In relation to firms awarded licences for the production of medicinal cannabis in Jersey, will the Minister advise members –
whether inspections have been carried out on the facilities to ensure they are compliant with the European Union’s Good Manufacturing Practice (G.M.P.) certification and its relevant regulations; and if not, why not;
what regulations, if any, are in place to prevent rogue cross-pollination of hemp and cannabis crops in the Island (for example, by adequate sealing of greenhouses);
what regulations, if any, are in place to ensure that the recirculation systems in such facilities are sufficiently robust to prevent any water run-offentering the Island’s reservoirs; and
what measures, if any,are in place for monitoring the destruction of hemp and medicinal cannabis crops that are damaged (for example, by mould) so that they do not contain psychoactive cannabinoids such as T.H.C.; and how any such measures are to be enforced?
what tax breaks or similar mechanisms, if any, the Government is considering giving to firms awarded licences for the production of medicinal cannabis; and
whether it is planned that any such tax breaks would remain in place until capital expenditure incurred by the relevant site is recovered?
With reference to Written Question 29/2021 will the Minister advise –
whether criteria required to be met for the granting of licences for commercial cultivation of medicinal cannabis will be published, including the use of Environmental Impact Assessments (E.I.A.s);
how many E.I.A.s have been carried out to date for this purpose, if any, and how many are scheduled to be undertaken before 31st December 2021;
on what date, and by whom, the decision was taken to include the requirement to undertake an E.I.A. in order to receive a licence and, if this occurred prior to 8th February 2021, why this was not communicated in the answer to Written Question 29/2021;
what consideration was given to the use of E.I.A.s in the licensing process prior to 11th January 2021, and what relevant policies and criteria, if any, relating to this subject were agreed prior to that date; and
if the use of E.I.A.s was agreed after 11th January 2021, whether licenses for the commercial cultivation of medicinal cannabis were suspended until an E.I.A. had been carried out?
whether Environmental Impact Assessments (E.I.A.s) required to be undertaken for the granting of commercial cannabis cultivation licences take into account the material change of use, or operational development, of the land used to cultivate medicinal cannabis on a commercial scale;
what consideration, if any, has been given within such E.I.A.s to the impact of noise, smell and transport on the surrounding area; and
how firms awarded licences following the successful completion of such E.I.A.s are monitored to ensure that they continue to comply with the findings of the E.I.A., and whether further E.I.A.s are due to be required whilst medicinal cannabis is subsequently being commercially cultivated?
With regards to the licensing conditions associated with the cultivation and processing of medicinal cannabis on Island, will the Minister advise –
what consideration has been given to the use of increased public consultation for Islanders living near selected sites for the cultivation of medicinal cannabis;
what steps will be taken by the Government of Jersey, whether individually or in conjunction with organisations involved in the commercial cultivation of medicinal cannabis, to alleviate the concerns of Islanders in close proximity to these sites; and
what guidance has been sought by the Government of Jersey from the U.K.’s Department for Environment, Food and Rural Affairs regarding the use of Environmental Impact Assessments as a condition of licensing?
In relation to medicinal cannabis, will the Chief Minister explain –
how cross-departmental activity relating to the cultivation of medicinal cannabis is currently co-ordinated by Ministers across the Government; and
whether any consideration has been given to establishing a Political Oversight Group to coordinate the licensing of medicinal cannabis and the development of policy and guidelines concerning its cultivation and, if so, why no such Group has been established?
What concerns, if any, have been expressed to the Minister regarding the development of sites for cannabis production and possible non-compliance with planning legislation and what investigation, if any, will he undertake to confirm that the legislation is being adhered to and will he commit to serving stop notices on any such development or planning application in the event that non-compliance is identified?
Will the Minister advise what impact assessment, if any, has been undertaken of the effect of the industrial growing of cannabis in Jersey on biodiversity?
Will the Minister explain how his department has applied planning legislation to developments relating to Northern Leaf and Tamba Park and advise whether any instances of the legislation not being applied or followed have been identified? If so, will he state how and why those instances occurred?
Further to his response to Oral Question 242/2021, will the Minister explain why he is proposing to make changes to the Planning and Building (General Development) (Jersey) Order 2011, especially with regard to the growing of medicinal cannabis?
Will the Chief Minister advise whether, during proceedings and deliberations of the Government, any Minister or Assistant Minister has declared as an interest that they hold investments in any of the existing or proposed cannabis production firms in the Island, or by indirect means such as owning land on which cannabis will be grown or processed; and, if such declarations have taken place, will the Chief Minister state when and by whom they were made?
Will H.M. Attorney General state whether, within Jersey’s planning legislation, there is a legal distinction in planning requirements between those that apply to the growing of hemp or cannabis on a site (such as for agricultural use) and those that apply to the processing of the same crops on the site (namely for industrial use) and, furthermore, whether there is any legal distinction in the applications and permissions that need to be made and obtained for these two uses?
Will the Minister state what work, if any, is being undertaken to understand the ability or otherwise of patients who are prescribed medicinal cannabis to meet the costs of their medication (including G.S.T.); and will she explain what steps are being considered, if any, to make prescribed medicinal cannabis products free to patients?
For each of the last four years, in respect of the following industries, will the Minister provide details of the recorded size and any changes to each industry, the financial contribution of each industry to the Island's economy and the type and amount of Government aid, if any, provided to each industry –
17th July 2014 – To grant permission for the medicinal use of cannabis for those suffering with chronic pain "Many individuals in Jersey live with chronic conditions with a requirement for pain management. For many, conventional medication does not work. Often, the side-effects themselves are debilitating. We, the signers of the petition, request Jersey's government to recognize that cannabinoid products are an effective way for some sufferers to manage symptoms and alleviate pain. If a doctor is happy to prescribe, we ask the minister not to stand in the way, but to grant the relevant licenses, as she can do within her powers."
7th August 2018 – Remove cannabis from Schedule One & not just the States/MDAC approved products "All medical professionals with the right to prescribe should be permitted to prescribe cannabis, cannabis derivatives, individual cannabinoids and pharmaceutically created cannabis derived products including Dronabinol, Epidiolex, Nabilone and Sativex AND allow all pharmacies to dispense the above."
11th October 2018 – Allow medical professionals who can prescribe, the right to prescribe cannabis "All medical professionals with the right to prescribe should be permitted to prescribe cannabis, cannabis derivatives, individual cannabinoids and pharmaceutically created cannabis derived products including Dronabinol, Epidiolex, Nabilone and Sativex AND allow all pharmacies to dispense the above."
3rd July 2019 – The States should initiate an Island-wide debate on drugs, exploring all options "Following a spate of recent drug importations that have been widely reported by the local media in Jersey this petition calls for an Island-wide debate on drug policy exploring all options, including cracking down further and harsher punishments, all the way to decriminalisation and legalisation."
17th March 2020 – Legalize, Decriminalize and regulate Cannabis for Islanders "There are many Islanders suffering from health issues that Cannabis has been proven to treat, there is a serious mental health issue and the majority of people who experience these issues use Cannabis to help, it will increase Islander's quality of life and turn a profit for the Island's economy."