Andrew Baines, 46, father of two and medical cannabis patient in the U.K., faced a terrible fate for also being a cannabis caregiver. Namely 15 years in prison.

Baines was arrested in April 2020 after police in Lincoln in the east Midlands, found a kilogram of cannabis (worth about $12,000) and thirty plants in his home. The police visited his house after postal workers became suspicious of one of his deliveries to a patient.

His network was vast. Baines personally supplied hundreds of patients with medical cannabis oil as part of an underground network—similar to ones everywhere in the world at the moment where cannabis remains out of reach for those who need it most.

That said, after his arrest, Baines commented that the police tried to avoid seeking a heavy prosecution against him. Hundreds of testimonials were written on his behalf by his grateful patients.

The Crown Prosecution Service (CPS) has now decided not to pursue charges as a result—instead, giving Baines a six-month community order—the lowest punishment.

During her ruling at Grimsby Magistrates Court, Geraldine Kelly, the deputy district judge commented that “If the law was different, Mr. Baines would have been applauded, not punished.”

Baines’s solicitor, Hannah Sampson, a part of the criminal defense team at Mackrell Solicitors, a prominent British law firm with a strong cannabis practice, was shocked.

“I have never seen a six-month community order imposed. If you steal a sandwich from Tesco, you get 12 months,” she said. Sampson also added that “Cases like this are fundamental in taking this back down to grassroots so the police and the prosecution are making the right decisions. This case, perhaps, earmarks a wind of change. This case, perhaps, means that finally, the law will catch up with the enormity of what cannabis can do to save lives.”

The court ruling comes one day after the British National Drugs Summit, which this year saw the government vow to crack down on “middle class drug use,” and policing and crime minister Kit Malthouse again vocally opposing mayor of London Sadiq Khan’s plan to loosen laws around cannabis consumption and possession.

Cannabis Reform in the U.K.

The U.K. is now in the uncomfortable, slippery slope that has faced every other legalizing country. Namely, where does one draw a line on criminal behavior since some reform has already taken place—but not enough to help the vast majority of potential patients.

After all, medical cannabis use, even of the high THC kind, is legal in the U.K. There are several trials underway where patients can obtain the drug legally and for a discount.

Beyond this, CBD is now a regulated industry.

The problem, as it is almost everywhere else, is that most doctors remain leery of prescribing the drug and the National Health Service, or NHS, is not reimbursing patients—including for use with chronic pain—the most widely cited reason for cannabis use.

There are burgeoning projects all around the U.K., some on the mainland and some just off the coast—notably the Channel Islands and the Isle of Man, where medical cannabis cultivation and extraction is fully underway. In fact, on Guernsey, officials are even considering recreational use.

And of course, there are repeated calls, including from the mayor of London to at least decriminalize personal possession and use.

Patient Advocacy and Reform

In the U.K. it is very clear that patients have been the ones to move the needle of progress. At first it was the prospect of children with epilepsy dying and their parents going to jail for importing CBD oil from Canada and the E.U. that began to convince politicians that a change was needed.

It has just gone beyond that now. This latest case, which clearly involves both THC and adult users, may indeed prove to be an important bellwether case that changes the political debate.

From the perspective of the CPS at least, it may well be that this sea change is actually well underway.

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Michigan lawmakers proposed three bills yesterday that aim to reduce what caregivers can provide for medical cannabis patients.

The Michigan legislature returned full-time on September 9, and House Bills 5300, 5301 and 5302 were introduced on September 14. This bill package seeks to alter the Medical Marihuana Act, which was initially implemented in 2008. If passed, the bills would reduce caregiver patients from five to only one, and reduce the number of plants a caregiver can grow from 60 to 12, with an additional 12 plants they’re allowed to grow for personal use. One of the bills also creates a license called “specialty medical grower,” which would require a $500 application to get cannabis tested.

According to Mlive.com, these bills were proposed one day before a protest was set to occur. Yesterday, the “Michigan Caregivers United: Rally at the Capitol” protest was held in front of the state capitol in Lansing. The march was held to protest the Michigan Cannabis Manufacturer’s Association (MCMA) and its push to limit caregiver’s allowances for their patients. 

“Michigan’s cannabis consumers have lashed out in anger; a boycott of MCMA products and companies affiliated with them has resulted in the resignation of their president, the removal of any reference to individual members on their website, the election of a new board chair to clean up their public relations and the cancellation of orders from MCMA companies by retailers.” The protest has been in the works for some time, with an official press release announcement posted on July 8 in anticipation of these plans.

The MCMA released a study in June through the Anderson Economic Group stating that 70 percent of cannabis sales were made outside of regulated dispensaries, and that illegal sales are the main way that residents are obtaining cannabis. 

“Michigan’s unregulated cannabis market poses an immediate threat to the health of all Michiganders, and the Michigan Cannabis Safety Act updates outdated laws to help ensure all Michiganders have access to tested, tracked and labeled cannabis products,” MCMA Board Chair Shelly Edgerton told Mlive.com. 

“We look forward to working with lawmakers on both sides of the aisle to bring Michigan’s unregulated, unlicensed cannabis market in line with the rest of the cannabis industry to help ensure safe, high-quality cannabis is available for all Michiganders.”

The MCMA’s website states that the organization represents “nearly half of all multiple Class C cannabis licenses in Michigan,” which is the most expensive license type, and represents the largest cultivation businesses in the state.

Those who oppose this notion argue that caregivers are not responsible for black market sales, and that there’s no good reason to threaten the caregiver system. Over 250 companies have spoken out in favor of supporting the caregiver program as well as small businesses. Companies such as The Botanical Co. released official statements regarding the MCMA. 

“We stand with our fellow industry professionals in their efforts to stop the attack on caregivers. It is our belief that our industry thrives when small businesses and caregivers can flourish,” officials said in a statement. “Our customers and patients remain at the core of what we do and to ensure they continue to have access to the products they rely on, we are actively pursuing the sourcing of high quality products from companies that more align with our mission. We encourage local brands to contact us if they are interested in retail space at our stores. Together, we can make a difference and move our industry forward.”

According to the Marijuana Regulatory Agency in a July report, there are 30,229 caregivers in the state and 251,284 medical cannabis patients that they serve. A majority of these patients suffer from conditions such as chronic pain, arthritis, muscle spasms and PTSD. Meanwhile, the state is taking many steps toward improving social equity and supporting residents’ rights to consume while off the job.

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