Response to the Home Office regarding High THC Licence

    Dear Sylvia Williams.

    Thank you very much for your detailed response.  Various matters arise:

    1) Your letter states that the opinions expressed are personal and ought not to be construed to be Home Office official policy.  Please advise me as to whom I should address correspondence to in order to receive officially sanctioned replies (please include an email address and contact name). It is likely that all correspondence will be used in legal proceedings at the High Court if it transpires that I am unfairly prejudiced from obtaining a suitable personal licence.  Alternatively you may forward this e-mail to the person with such authority who may deal with the points detailed herein and advise me accordingly that you have so forwarded this letter and our previous correspondence.

    2. Please note that the comments about low THC licences are immaterial to this enquiry as such plants are medically useless.

    3.  Section 6 of the Misuse of Drugs Act 1971 (“the Act”) does indeed prohibit the cultivation of cannabis, but as you are aware the government is obliged to administer regulatory apparatus with respect to that under Section 7 of the Act, and has additional complimentary powers under sections 22 and 31.  Rational administration requires that Government should promulgate Orders with a view to balancing the targeting of the mischief the Act seeks to ameliorate (the causation of social harm through the misuse of all harmful drugs) whilst preserving a proportionate interference into personal liberty of drug users (as is experienced by the analogous drug users brewing alcohol and growing tobacco).  The Act itself does not seek to extinguish peaceful activities with drugs whether they be recreational or medical uses provided they do not cause social harm and current policy would appear inconsistent with that.

    4,  With regards to The Misuse of Drugs (Designation) Order 2001 – I note that government has already made an exception to this order via the exemption awarded to GW Pharmaceuticals to grow and sell high THC cannabis.  The Order is reversible through Statutory Instrument in any event where circumstances indicate that the regulation is unfit for purpose consistent with the Act and human rights.

    5.  I note you indicate that personal high THC licenses are theoretically available, yet the fee structure appears geared solely towards commercial enterprises.  Please advise as to the correct fee for a very small domestic cultivation proposal and when fees are payable.  Policy should be consistent with equality guidelines and reasonably ought not to prohibit disabled persons of limited means from seeking a personal licence.

    Yours sincerely
    Desmond Humphrey

    • Puzzled

      Is there any chance you could include/point me to the response you received (in relation to this reply). Sorry if it is here and I missed it.

    • Des

      @Puzzled will put it up now

    • Des

      @Puzzled will put it up now

    • Des

      Dear Mr Humphrey

      Thank you for your email regarding a personal cannabis cultivation licence.

      Section 6 of the Misuse of Drugs Act 1971 makes it an offence to cultivate any plant of the genus Cannabis. The Misuse of Drugs (Designation) Order 2001 also restricts the licit use of cannabis to possession for research or “other special purposes”. Home Office policy with regard to “other special purposes” in this case is to permit cultivation of cannabis plants with a low tetrahydrocannabinol (THC) content for the production of hemp fibre for industrial purposes or the obtaining of seeds which are then, for example, pressed for their oil. For both of these uses, there needs to be a defined commercial end use. The Home Office only licences plants grown for these purposes from EU approved seed types with aTHC content not exceeding 0.2%.

      Controlled drug Licences can be issued to individuals or companies; Cannabis cultivation licenses are no exception.

      Typically, those licensed to grow low-THC Cannabis for the purposes of industrial hemp are farmers with sizable crop areas, though there is no minimum cultivation area for cultivation where a commercial end use is accepted. Security and record keeping requirements are determined on a case-by-case basis and in accordance with applicable legislation.

      On the basis of the information you give it is highly unlikely that a domestic premises undertaking the activity you propose would be considered suitable for licensing.

      Regards

    • http://www.peter-reynolds.co.uk Peter Reynolds

      I love it Des!

    • SanjC

      Great letter Des, I was just wondering what the licensing fee structure is like and whether it’s available online?
       

    • http://www.facebook.com/people/Rob-Sykes/724985805 Rob Sykes

      Top work Des, wonderfully structured.

    • http://www.facebook.com/people/Rob-Sykes/724985805 Rob Sykes

      Top work Des, wonderfully structured.

    • http://www.facebook.com/people/Rob-Sykes/724985805 Rob Sykes

      Top work Des, wonderfully structured.

    • Puzzled

      Thanks for the inclusion of this.A very well put response to the habitual issue dodgers!Fingers crossed (with people like you, Mr Reynolds, the whole clear team and supporters of the cause) we will get a much needed change in a barbaric government policy. 

    • Puzzled

      Thanks for the inclusion of this.A very well put response to the habitual issue dodgers!Fingers crossed (with people like you, Mr Reynolds, the whole clear team and supporters of the cause) we will get a much needed change in a barbaric government policy. 

    • Des

      For a company licence it is just short of £5,000 no information on a personal one http://www.homeoffice.gov.uk/publications/alcohol-drugs/drugs/drug-licences/hemp-growers-faq?view=Binary

    • http://www.facebook.com/profile.php?id=100001024966445 Fleur Libérepierre

      http://www.legislation.gov.uk/uksi/2001/3998/contents/made
      The Misuse of Drugs Regulations 2001
      *5,6,12,19

    • http://www.facebook.com/profile.php?id=100001024966445 Fleur Libérepierre

      Register a company comprised of; an individual, group of, whatever, PERSONs
      https://dleu.homeoffice.gov.uk/register.form

    • Doobz

      So how (much) do GW Pharma do this legally. I suppose the very vague phrase “special purposes” could include “massive bribe”.

    • Doobz

      So how (much) do GW Pharma do this legally. I suppose the very vague phrase “special purposes” could include “massive bribe”.

    • Tom

      I had to sign the 2010 Bribary act at work.  I wonder if the MPs and GWP have done the same ? Or is it one rule for us and one for them ?

    • Mr_Bimble

      So if you set up a limited company and rented a secure industrial unit then you wouldn’t be using a “Domestic residence”. So theoretically they should grant you a licence (for £5K).

      Or am I missing something?

    • Scat_happens

      Why not go down the route of stating that anything that can be legally be done under liscence must therefor be lawful. So if it is lawful to grow it why would i need a liscence. And in addition once you register for liscencing over anything your article becomes property of the agency registered too, eg dvla and cars, you are the registered keeper not owner giving them powers to take it away and crush it if they wish. i dont know about you but i wouldn’t want my crop taken at will by any agency?!
      the big issue is the definitions between legal and lawful. law is about keeping the peace and legal is about contracts. no contract – no obligation. write a letter of understanding and intent outlaying these claims then after they fail to explain the case correctly lay a claim of right to allow you to continue your lawful existence.
      check out robert arthur menard and tpuc.org

    • http://reviewdrugpolicy.org/ propensity

      I’m trying a obtain a licence for personal use, and an Import licence for 50grams cannabis from Netherlands. I’ll keep you posted 
      http://www.homeoffice.gov.uk/drugs/licensing/personal/