How medicinal cannabis became our biggest regulatory nightmare – and our greatest opportunity

By Evan Smith

Picture this: a young mother in Jersey suffering from debilitating migraines finally receives a prescription for medicinal cannabis. She feels relieved. For years, she relied on the legacy market – the informal, unregulated supply chain – to manage her pain. But with prices in Jersey three to four times higher than in the UK, switching to a legal prescription seemed like the only option. After all, a prescription means the product must be safe, right?

Within weeks, however, her symptoms worsen. What she doesn’t know – and what regulators aren’t telling her – is that the cannabis she’s using has been irradiated to pass quality tests. Irradiation doesn’t remove contaminants like mould or bacteria; it merely kills them. The dead microbes leave behind toxins that exacerbate her condition and can even cause new health problems.

Her story isn’t unique. Across Jersey, patients who turn to legally prescribed medicinal cannabis are unwittingly exposed to products that meet compliance standards on paper but fail where it matters most: quality and safety.

The bigger picture

Jersey isn’t alone. Across the UK and EU, regulators have struggled to manage the transition from legacy supply to legal cannabis. Governments, eager to respond to public pressure, rushed to legalise without considering the complexity of regulating a plant. The guidelines they applied weren’t designed for cannabis; they were repurposed from pharmaceutical manufacturing, treating cannabis as though it were a chemical, not a crop.

The result? A regulatory framework that focuses on post-harvest processing – irradiation, chemical washes, and other fixes – while ignoring the root cause of poor quality: cultivation. It’s like trying to improve the taste of bad wine by filtering it through expensive equipment instead of growing better grapes.

This systemic failure explains why many of the UK’s approximately 2.1 million medicinal cannabis users – 6% of the working population – still rely on legacy sources, which consistently deliver better quality and value. In Jersey, however, legacy cannabis is priced out of reach, forcing patients into a legal system that doesn’t meet their needs.

The regulatory failure

The failures of the UK and EU frameworks were imported wholesale into Jersey, creating a regulatory nightmare. These systemic gaps were compounded by years of local inaction. Under the previous administration, attempts to raise these issues with the then-Health Minister were ignored or dismissed. Stakeholders – including producers and patients – were left out in the cold.

Regulators in Jersey focused on the “tail” of the process –post-harvest checks and remedial treatments – while leaving the “dog”, cultivation, largely unchecked. Any farmer in Jersey could tell you this approach is nonsensical. You can’t fix bad produce at the end of the process; you have to grow it right in the first place.

The stakes are high. Poor-quality cannabis isn’t just ineffective – it’s dangerous. Contaminated products, even when “fixed”, can leave behind toxins that pose serious risks, particularly for immunocompromised patients. If a Jersey farmer produced lettuce contaminated with E. coli and irradiated it to pass a quality test, it would be illegal to sell it for human consumption. Yet, this same practice is permitted for medicinal cannabis, leaving patients exposed to hidden dangers disguised as compliance.

The politicisation of a crisis

Rather than addressing these critical issues head on, some in the Assembly have turned the debate into a political football. Deputy Philip Ozouf’s dramatic remarks about cannabis being a “nightmare” grab headlines, but his focus on prescription rates and loosely tied mental-health anecdotes risks stigmatising patients without addressing the real problems.

These are real people’s lives – not just numbers on a chart. Patients in Jersey aren’t abusing the system. They’re stuck in a system that denies them access to the quality cannabis they need. The narrative that higher prescription rates in Jersey signal overuse or abuse is both misleading and harmful.

Worse, this rhetoric distracts from the real issue: how do we fix the regulatory gaps that allow poor-quality cannabis to dominate the market?

Turning the tide: A new approach

Fortunately, change is on the horizon. Under Health Minister Tom Binet’s leadership, Jersey is beginning to address the systemic issues it has inherited. Unlike his predecessor, Deputy Binet has shown a willingness to engage with stakeholders and confront the complexities of cannabis regulation.

This isn’t just about fixing past mistakes – it’s about seizing a once-in-a-generation opportunity. As UK and EU regulators work to address these gaps, reforming their systems is like turning a supertanker. By contrast, Jersey is a speedboat, able to move quickly and set a global benchmark for quality and safety in medicinal cannabis. In a global industry still dominated by legacy supply, the only true first-mover advantage lies in good regulation.

Deputy Binet’s team is working to align Jersey’s regulations with appropriate international standards, ensuring that cannabis products are safe, effective, and of the highest quality. This isn’t just the right thing to do for patients – it’s the smart thing to do for Jersey’s economy.

A vision for Jersey

The global cannabis industry is in turmoil. Companies that scaled too quickly and prioritised quantity over quality are now collapsing under the weight of their mistakes. But Jersey can chart a different path.

The cannabis industry could be a gateway to diversifying Jersey’s economy. With the right approach, it could rival the finance sector in scale and significance. Across Europe, an ever-expanding market of medicinal cannabis users presents enormous export potential. Beyond selling products, Jersey can lead by exporting expertise and building a reputation for premium quality and regulatory excellence.

Our island is already known for its premium agricultural goods and well-regulated finance industry. By focusing on craft production and aligning with international standards, Jersey can position itself as a global leader in medicinal cannabis – a place where craft quality meets regulatory compliance.

This isn’t about short-term economic gains. It’s about building a sustainable industry that serves patients, supports producers, and enhances Jersey’s global reputation. Let’s not forget what’s at stake. Medicinal cannabis patients in Jersey aren’t just statistics – they are individuals managing chronic pain, debilitating conditions, and life-altering illnesses. Their health and wellbeing should be the focus of this debate – not political point-scoring.

Conclusion: A moment to lead

Deputy Ozouf wasn’t entirely wrong when he called the current situation a nightmare. But it’s a nightmare that can be fixed. Jersey has the opportunity to lead – not just by addressing its own regulatory gaps but by setting a new standard for the global industry.

Under Deputy Binet’s leadership, Jersey is on the right path. By prioritising quality, aligning with international standards, and embracing its strengths in craft production, the Island can create a system that works for everyone: patients, producers, and policymakers.

This is more than a chance to fix past mistakes – it’s a chance to show the world what Jersey can do.

Evan Smith is the chief executive of Cicada Ltd, a Jersey-based start-up tackling the legal cannabis industry’s greatest challenges. As the founder of Jersey’s first cannabis company in 2017 and the first to secure a production licence in 2020, Evan draws on over 30 years of experience in cannabis and seven in regulatory science. Together with an exceptional team – including James Bedding, Jersey’s first medicinal cannabis patient, and Dave Ryan, founder of the Island’s hemp industry – Cicada is laying the groundwork to position Jersey as a trusted, premium brand in the rapidly growing cannabis sector.

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