MARKET forces and a lack of regulation in the legal prescription of medicinal cannabis in Jersey has created a class of ‘user-dealers’ of the drug, a senior law enforcement officer has warned.
The officer – who cannot be named because of their covert work – said that illegal smuggling of herbal cannabis into the Island had reduced to virtually nothing, caused by the growth of a secondary market, whereby Islanders prescribed medicinal cannabis legally then sell it on to recreational users, which is illegal.
Stressing that he remained neutral on whether cannabis should be legalised – and highlighting the pros of a secondary market over smuggling, in that prescribed cannabis is of a known quality and taxed GST – the officer also identified the cons, not least that the resale market is illegal and there are links between excessive cannabis use and mental illness, including psychosis.
The Government has said that it will regulate medicinal cannabis clinics, but legislation will be developed and proposed later next year, after higher-priority regulations governing hospital and ambulance services have been introduced.
When it comes to medicinal cannabis, more than 770 kilograms of medicinal cannabis flower were legally imported into Jersey in the first six months of this year.
If one divides the monthly breakdown by 60 grammes – which at least one clinic uses as a maximum per prescription – there were 2,900 prescriptions last January, dropping to 2,470 in February, 1,000 in March, 2,850 in April, 1,440 in May and 2,240 in June.
Medical Cannabis UK estimate that there are up to 80,000 medicinal cannabis patients in the UK – around 0.1% of that population. Current estimates suggest that at least six per cent of the Jersey population is receiving a cannabis prescription.
Earlier this year, the Health Advisory Board received a report that the number of people using medicinal cannabis in Jersey is up to 150 to 200 times higher than it is in the UK.
The officer said: “One of the reasons for that is because to go and buy cannabis on the street in the UK is extremely easy. There is an awful lot of illicit cannabis about and it’s cheaper to buy off your local dealer than it is to get it from a prescription.
“In Jersey, it is the inverse, in that it is cheaper to get your cannabis prescription than it would be to buy it at a local street price, which was upwards of £30 a gramme, but it’s now come down to £20-£30 a gramme.
“But if you’re getting 60g by prescription, you are talking £500-£600 a month, so you are paying £7-£10 a gramme. This is still a lot of money for many so there is no way that everyone is paying for it legitimately.”
The officer continued: “What the situation over here has done is turn a lot of people who would not previously have been drugs dealers into what I would term as ‘user dealers’, in that they use cannabis, and sell some of their prescription on to fund their own usage. And that is why the street price has come down.
“The reason we know that to be the case is twofold: there is an awful lot of intelligence out there suggesting that prescriptions are being sold on. We see it regularly, and just to be clear, it is illegal. You are in possession with intent to supply, which is a serious charge.
“So there is a steady supply of herbal cannabis available on the illicit market in Jersey. Some would argue that that’s no bad thing, because all the cannabis that’s being sold in Jersey is being taxed, so actually, there is a revenue stream, and there is quality control, so there are pros and cons.
“The other reason is, in times past, law enforcement agencies would routinely seize commercial quantities of herbal cannabis: 30 or 40 kgs stuffed in a petrol tank or car door. But seizures of herbal cannabis have dwindled down to virtually nothing.”
The officer said that acting against the illegal secondary market was very difficult.
“It is very hard to pinpoint,” they said. “It appears to be easier to obtain a medical cannabis prescription in Jersey than it would be in the UK: if you go to certain local online forums, you will see entries from people, usually from the pro cannabis lobby, who will provide almost an ‘Idiot’s Guide’ on how to obtain your cannabis prescription: the right things to say, the ailments to say you have, the remedies you’ve tried before.
“So, they are providing a methodology for obtaining your prescription. Now, again, that’s not all negative: you know what you’re buying, and the money is staying within the Jersey economy.
“Of course, some people say it should all be legalised and I have no opinion on that; my role is to uphold the law and provide independent expertise. This is not a case of the medical cannabis industry turning Islanders into drug dealers; there may be an element of truth to that, but it is market forces.
“However, we cannot ignore the social impact. I’m convinced that there would be a strong correlation between the amount of cannabis prescribed locally and the rise in treatment as a result of cannabis psychosis.
“Prescribed cannabis is usually a lot stronger than the resin that was typically smuggled in.”
Dr Kirstie Ross of Carpathia Cannabis Clinic said that the secondary market stemmed from the lack of regulation of the medicinal sector.
“Two years ago, I gave the Government a set of regulations that I’d written, which I based on best practice from the UK General Medical Council and the Medical Cannabis Clinicians Society, whose work has been taken up by the UK Government.
“It is disappointing that our Government hasn’t acted quicker because it is all referenced. The industry is absolutely the Wild West at the moment, and some people are making an absolute fortune because of it.
“I have also repeatedly said that there are inappropriate practices going on in other clinics, that people are getting from the UK and that people can be getting duplicate prescriptions and there is no way of us knowing.
“Prescribers cannot be motivated by financial gain, there should be a cap on the amount that can be prescribed and a limit on the strength of dose.”
Dr Ross added that the benefits of medicinal cannabis were beyond doubt, but added: “The problem is that the social overlay with this is so vast, and the knowledge around it is so poor, that everyone just defaults to: ‘Well, it’s a drug, isn’t it? Everyone’s just getting high.’
“But if you came and sat in our clinic, you would see Betty, who’s 82 with arthritis, and Sarah, who is a performer who’s crippled by anxiety before she goes on stage, and policemen, customs officers, politicians and journalists, mums and carers. It’s not 22-year-old lads in track suits tucked into their socks.”
She continued: “Some of the recreational users want cannabis to be legalised, they don’t understand that you lose so much if you do. Elsie isn’t going to go to a shop and buy some weed for her arthritis, but she would come and talk to me about it.
“That means that Elsie would come back here for the first three months, so if there are problems we can iron them out, or change her medication to find what’s working best.
“I would then see her three months later, or earlier if needs be. And it is not just about cannabis because the consultation usually doubles up as a counselling session.”
She added: “There is a link between cannabis and psychosis but only in very specific cases, and I challenge the Government to provide the data if they think there is a more general link.”
Dr Ross said that her clinic increasingly shared information with a patient’s GP to ensure that medical history was taken into consideration.
She continued: “Above all, cannabis is a really good medicine; I came in as a proper sceptic but this is the best kept secret in Jersey.”
Gary Whipp, the Chief Executive Officer of Jersey’s first medicinal cannabis clinic, Medicann, said: “We takes our responsibility as a medical cannabis provider extremely seriously. All prescriptions are issued only after a comprehensive clinical assessment by an appropriately qualified doctor, in full compliance with Jersey law and established best practice.
“Treatment plans are tailored to each patient, based on diagnosis, treatment history, and medical need, with regular reviews to ensure prescriptions remain appropriate.
“Our clinicians prescribe the lowest effective dose necessary to manage a patient’s condition. Where concerns arise, such as compliance, misuse, or safeguarding; our protocols allow for prescriptions to be reduced, paused, or discontinued altogether.
“Medicann does not condone the diversion or resale of medication under any circumstances. Patients are clearly informed that doing so is a criminal offence that can result in immediate removal from our programme and referral to the authorities.
“Since launching in Jersey, we have had fewer than ten cases where police have contacted us in relation to a prosecution. While any misuse is concerning, we believe the issue of a secondary market must be viewed in context and grounded in factual not speculation.”
He added that Medicann “continued to advocate” for access to official patient records and the firm “consistently supported the introduction of proportionate regulation for medical cannabis in Jersey”.
On Friday, Health Minister Tom Binet published a proposition setting out ways the Government should “shift public policy away from criminalisation for personal use of cannabis, towards a health-based harm reduction approach”.
