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The big legal shift arrived on 1 November 2018, when the government moved certain cannabis-based products for medicinal use in humans (CBPMs) out of the most restricted category and into Schedule 2 of the Misuse of Drugs Regulations 2001. That same change de-designated CBPMs under the 2015 Designation Order, creating a lawful route for specialist-prescribed products without a Home Office licence for each patient. In statute, CBPMs are defined by both their composition (cannabis, resin, cannabinol/derivatives) and their purpose (produced for medicinal use). 

What does “Schedule 2” mean in practice? It is a controlled-drug regime: prescriptions must meet specific wording rules, pharmacies keep controlled-drug registers, and there are safe custody, record-keeping and destruction requirements. CBPMs also carry additional access restrictions in Regulation 16A that go beyond the baseline for other Schedule 2 drugs. These are legal controls on handling and supply, separate from questions about clinical policy or funding. 

There are two notable exceptions to the Schedule 2 picture. First, nabiximols (Sativex) was placed in Schedule 4 Part 1 in 2013, reflecting a lower diversion risk and lighter handling rules. Second, in 2020 cannabidiol solution (Epidyolex) was rescheduled to Schedule 5, the least restrictive schedule, after licensing—again easing custody and record-keeping obligations (the psychoactive THC component is not what’s being rescheduled here). 

Crucially, none of this changed the basics of criminal law on cannabis. Cannabis remains a Class B drug under the Misuse of Drugs Act 1971: unauthorised possession is an offence (maximum five years), and supply/production carries up to 14 years. The difference is that lawfully prescribed, lawfully supplied CBPMs sit within statutory exemptions, so a patient in lawful possession of their prescribed medicine is not committing a possession offence.

Driving law deserves its own spotlight. The drug-driving offence (Road Traffic Act 1988 s5A) sets a per-se blood limit for THC at 2 µg/L, irrespective of visible impairment. There is a statutory “medical defence” if the specified controlled drug was lawfully prescribed and taken in accordance with medical advice—but it does not cover driving while impaired, and motorists should carry evidence of their prescription. In short: legal prescription ≠ automatic immunity.

Import, export and travel. CBPMs (being controlled drugs) engage the Home Office’s personal licence framework for travellers. The official guidance covers when a licence is needed and the documents to carry; rules differ abroad, so patients should check both UK and destination requirements. As a rule of thumb, small personal quantities with documentation are treated more simply than bulk movements, but you must follow the Home Office guidance.

Industrial hemp vs. medical cannabis. UK law draws a hard line here. “Low-THC” industrial hemp can be grown only under licence and generally only for the non-controlled parts of the plant (mature stalk, fibre, seeds). Leaves and flowers remain controlled, regardless of THC content, which is why consumer hemp and medical supply chains are licensed differently. The Home Office updated its hemp factsheet in August 2025, alongside ongoing tweaks to the licensing regime.

CBD in shops isn’t “medical cannabis.” Over-the-counter CBD foods sit under the FSA’s novel foods process and may be sold only if they meet that regulatory pathway. If a CBD product is marketed with medical claims, the MHRA treats it as a medicine, triggering the Human Medicines Regulations (and requiring a marketing authorisation). That’s a consumer-protection/medicines law issue, not a cannabis-criminal-law one—but it often gets conflated with CBPMs.

What’s live right now? In September 2025 the Advisory Council on the Misuse of Drugs (ACMD) closed a call for evidence on how the 2018 reforms are working, at the Home Office’s request. Any recommendations from that review could shape future scheduling, licensing and supply-chain rules—watch for government responses in 2026. Until then, the legal framework above remains in force.

This article is a legal overview, not advice. If you need a definitive view on your situation (e.g., travel with CBPMs or driving), consult the official guidance or a qualified solicitor.

 

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