Medical Cannabis: Alleviation of Health Conditions

Crispin Blunt Excerpts

Thursday 4th November 2021 Commons Chamber

[Crispin Blunt (Reigate) (Con)]

I am delighted to follow the hon. Member for Inverclyde (Ronnie Cowan) and have worked with him actively in the past few years on this issue, and I wish we had made more progress. I am delighted to welcome the Minister to her place, answering this debate. I have an interest recorded in the Register of Members’ Financial Interests on this, but it is a non-financial interest. It is in recognition of the fact that I chair an organisation that I have set up, the Conservative Drug Policy Reform Group Ltd, whose objective is to find the resources to bring arguments based on science and research into this debate, on all of drugs policy, and to have this academically peer-reviewed, so that the arguments for the huge challenge of a policy change that is required can be put in a proper, calm way, based on all the available evidence and a proper scientific assessment of that evidence.

I say to the Minister at the beginning of my remarks that this issue is not just about medicine from cannabis. That is one element and one casualty of how we have conducted our nation’s drug policy over the past five or six decades, but it is a huge missed opportunity. My journey into this issue arose as prisons Minister, when I saw the impact of taking a criminal justice approach to drug misuse as the first lever, rather than a public health approach. As I saw at first hand, the cost to the criminal justice system is just enormous. Indeed, the Government’s own statistics talk of a cost in the order of £19 billion a year. When one then thinks that half of acquisitive crime in the UK is driven by drug misuse and drug addiction, we see that we should be asking some serious questions about the whole of our drugs policy.

However, that is a separate debate. It was made clear to me when I became the first Conservative to co-chair the all-party group on drug policy reform, when I decided to make this issue one of my central areas of focus, after I ceased to be chair of the Select Committee on Foreign Affairs, that we needed to focus on the arguments for medicine, which had not been able to be researched and developed because of our drugs policy. Focusing on the arguments associated with prohibition and criminal justice, and the parallels with alcohol in the United States in the 1920s and 1930s, is not where the discussion is; the Government are completely clear on where their policy sits on those issues. There is now a big global debate on those issues, with a Global Commission on Drug Policy reform, but it was put to me that we must focus on getting medicines from cannabis for the people who are suffering because they are not able to get access to it.

I became co-chair of the all-party group in September 2017 and I took the advice I was given by people who had been in this field rather longer than I had, and we got behind the family of Alfie Dingley. A national newspaper had got involved and a petition was signed by 300,000 people. The family had gone to a holiday camp in Holland in order to access medicine from cannabis, because they could not get it in the UK. The Bedrocan oil that Alfie was getting then stopped his epileptic fits, but the family had run out of money, so they had to come back to the UK and they could not access the medicine here. On the day of the presentation of the petition to Downing Street, I was able to ask an urgent question in the House on the matter. The issue was raised with Ministers and we were given assurances that the Dingley family were going to be helped to find their way through the complicated licensing process in order to enable Alfie to be able to access the medicine. Three months later, of course, they still had not got it. The cost of the licence application process—simply buying the licences to access this oil—was £20,000; we are talking about £5,000 a licence, so enormous barriers were put in the way.

Then we had the case of Charlotte Caldwell and her epileptic son Billy, who had been in the United States getting treatment. When they returned to the UK, wisely doing so via Dublin, because she lived in Northern Ireland, her GP gave her a prescription for the medicine she had brought back from the US. When the manufacturer of that medicine changed and it became a Canadian company, she needed a new prescription, at which point it all fell apart. The doctor was told, “You are not allowed to prescribe that medicine for this epileptic child to stop him having his fits.” With the support of Richard Branson and others, Charlotte went to Canada, collected the medicine, came back and presented it to customs at Heathrow on the Monday, when it was confiscated. By the Thursday the boy was in hospital fitting, and his consultants were on the steps of the hospital saying, “It really doesn’t matter. What is unacceptably cruel is to take a medicine that is working off a child.” The current Health Secretary, to his huge credit, then issued a special licence for Billy Caldwell to be able to get his medicine back from customs. That led to the then chief medical officer being invited to offer an opinion as to whether there was anything in this cannabis stuff as far as medicine is concerned. It only took her two weeks to come back with a strongly affirmative answer, based on the evidence available around the world. That then led to the regulations that the Government passed in November 2018, which have not solved the issue. As the hon. Member for Inverclyde said, only three prescriptions have been made on the NHS.

You will be familiar, Madam Deputy Speaker, as we all are in our constituencies, with the position of multiple sclerosis sufferers. There are about 50,000 people in this country growing their own medicine. They are committing quite a serious criminal offence in the process, but they are trying to treat their health condition. What we have failed to do on the back of the regulations passed in November 2018 is get an evidence-based approach to medicine from cannabis, and educate the health service, prescribing doctors and the rest about the potential benefits and how we should have developed a position from the first go at the regulatory change in 2018.

[Dr Julian Lewis (New Forest East) (Con)]

My hon. Friend is making a fascinating case, because I, like many other Members of the House, I am sure, thought that this problem had largely been solved. Why does he think it is that the Government or the Department find it is so difficult to grip this? I recall having back surgery 35 years ago and being very grateful for some pain relief. I asked whether I could have some more, but I was told, “No, you can’t, because it is morphia. It is related to heroin and you might get addicted.” If it was possible properly to prescribe something related to heroin for a proper medical condition 35 years ago, why can something similar by way of the arrangements needed not be sorted out for this particular problem?

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[Crispin Blunt]

My right hon. Friend has alighted on a huge area of interest, which is pain control, not least end-of-life pain management. On the difference between opiate-based medicines, which he had, and cannabis-based medicines, the evidence is now all over the place about how much better the latter are, because people do not then have the addiction issues of the opiate-based medicines and they are not knocked out with what is, in effect, a chemical cosh towards the end of their life. They retain much better control of their faculties. They can enjoy a much better quality of life, even where they are being managed in terminal care, let alone where they are managing pain when they are not terminally ill. That is part of a missed opportunity. We are missing a huge bioscience opportunity for the United Kingdom because we have not got the regulations right, or their implementation has meant that these medicines have not begun to find the place they deserve in the pharmacopoeia and among the treatments available to doctors.

Of course, the private sector has stepped in where the NHS has not, and has used the special licence arrangements in the 2018 regulations, so we now have a two-track system. There have been three prescriptions on the NHS, but if someone has the means, they can pay roughly £2,000 a month for cannabis-based prescriptions. People can access cannabis-based medicines if they are prepared to go private and pay for it. That is an assault on the fundamental provisions of the national health service. Desperate parents of seriously ill epileptic children have moved countries to try to access this vital medicine. Of course, we will not know, because they will not tell us, how many have taken the illicit route and got their medicine from criminal sources. No parent or patient should face a prison sentence for treating a medical condition, and prioritising their health and the interests of those for whom they care and provide.

Access to healthcare in our country is, in principle, free at the point of use. Three years into the current system, that ought to be the case for medical cannabis as well. We should have made much more progress. The NHS’s own report on barriers to accessing cannabis-based medicine highlights the stark inequalities in, and problems with, the current regime. Although progress has been made on some preliminary fronts since the publication of that report, the most important outcome—appropriate, risk-based access to these medicines on the NHS—has simply not happened. We are being held back for a combination of reasons, including the risk aversion of a medical profession that is untutored and untaught in respect of the benefits—the endocannabinoid system does not appear in the syllabus for medical students—so the opportunity to have a cadre of doctors with the expertise to prescribe cannabis-based medicines now sits wholly in the private sector, and that expertise is available only at great expense.

This is not just about children with epilepsy, although they are of course the point of the spear, and everyone has huge empathy for them. Huge credit goes to End Our Pain, which got behind the Dingley family and put together the initial petition that got the issue into the public consciousness. That, combined with the Caldwell family, then got us formally over the line. I thought, as my right hon. Friend the Member for New Forest East (Dr Lewis) did, that this was done; but it was not. That is the tragedy: we have built up expectations. Out there in our constituencies, people have legitimate expectations that they can now get this medicine legally—that they do not have to criminally grow it or go to a drug dealer and get God knows what, because trading standards do not exactly apply to the supply of medicine that is criminally delivered.

Behind those children with epilepsy—our hearts go out to the families, and I give them huge credit for the effort they put into the campaign, along with the people from End Our Pain and the associated parliamentary group—there are tens of thousands of people with multiple sclerosis and chronic pain who could, by now, be benefiting from this medicine. The Government have gone to great lengths to try to address the issue of the epileptic children. I pay tribute to the Minister’s predecessor, my hon. Friend the Member for Bury St Edmunds (Jo Churchill), for all the time and passion that she put into engaging with this issue, meeting colleagues who represent epileptic children and getting into the detail of the prescribing barriers and the difficulty of moving cannabis-based medicines across international frontiers.

The Department of Health and Social Care also has to work through the Home Office regulations, which is not easy. If a Minister finds it difficult to enable medicines to be got to children who desperately need them, imagine how difficult it is for everybody else. I have huge confidence in the Minister, my hon. Friend the Member for Lewes (Maria Caulfield), who has empathy and understanding from her service as a nurse. She faces the challenge of having to grasp this complex issue.

The basis of the problem arose more than half a century ago. When cannabis was banned in the United States and then globally under the 1961 convention on drugs, it was put in the most restricted category of all for a reason that should shock and shame us: because 1950s American law enforcement thought that the principal users of cannabis were black Americans, so “It must be absolutely frightful. There can’t be any benefit in this.” Subsequently, cannabis found itself in schedule 1 of the Misuse of Drugs Regulations 2001, which made research almost impossibly expensive. That was utter madness, because the harms associated with cannabis-based medicines are fleeting and it is difficult to find evidence of them. That should be set alongside the potential benefits of treatments that ought to be available to people.

This research vacuum has meant that the Government are caught in a complex situation, and regulators are understandably highly risk-averse. We do not have the necessary skills, understanding or expertise among the medicine and health regulators who currently advise the Government. The medical and research community and the regulatory community are having to play catch-up because of the barriers that we politicians put in place in respect of a policy that has been around for more than 60 years.

Let me suggest to the Minister how we can move this issue forward, do our duty and serve UK citizens who find themselves in the wretched position of having to self-treat their conditions criminally because they cannot access the medicine otherwise. The public expect us to support them, and do not want sick individuals to be prosecuted for trying to obtain a medicine; that is where all registered public opinion sits.

My first suggestion is, of course, on funding for the epileptic children with the most serious conditions. There are so few of them, but the British Paediatric Neurology Association suggested that neurologists assess the parents’ finances before issuing a private prescription, lest they be unable to pay for treatment in future. Is that really the place where we want to be? It is inappropriate and impractical for doctors to make assessments of their patients’ financial circumstances because those patients have been driven into the private sector.

The issue has to do with the public stigma around the word “cannabis”, but that is utterly unrelated to any assessment of the evidence of risk. We have to take ourselves away from coming to a view having seen that word. That is no way for those of us to proceed who are charged with responsibility for legislating, for regulating, and for serving our citizens. If we put our reputation ahead of the evidence and what we ought to enable for our citizens, shame on us.

In the case of Orkambi for cystic fibrosis, my right hon. Friend the Member for West Suffolk (Matt Hancock) and his predecessor, my right hon. Friend the Member for South West Surrey (Jeremy Hunt), were prepared to go the extra mile to find different routes to enabling the use of that drug through a managed access agreement. That shows that we can find creative solutions in this space if we are prepared to look for them. I urge the Government to return to this issue in a creative frame of mind to find a solution that will work.

Sitting behind this is the claim that we are a bioscience leader. Cannabis-based medicines should be part of that bioscience development. In the United Kingdom, another set of drugs—psychedelic-class drugs—suffer from similar problems. Some $6 billion has been invested in companies in north America to develop what is seen as the next leap forward in mental health treatment for addiction, trauma and depression. That sum is completely explicable if one considers the scale of those mental health conditions. If we are on the verge of enabling psychotherapy to work effectively for the people with the most difficult and challenging conditions, it is no wonder that the financial markets found $6 billion to invest in that—but by and large, they are not investing in it here, and this nation is a bioscience leader.

It is the experience of many prescribers of medical cannabis and their patients that medicines that contain additional cannabinoids—not just tetrahydrocannabinol and cannabidiol—are the most effective. As a result, children with treatment-resistant epilepsy are benefiting from prescription of those cannabis-based medicines, although largely privately. However, the manufacturers have struggled to respond to the calls for research from the National Institute for Health Research. The NIHR must engage with manufacturers more directly and, again, more imaginatively, and provide sufficient support and detail to help them through the regulatory minefield and over the regulatory barriers that are stopping the delivery of these medicines.

The fact that the research is so immature is a direct consequence of the blanket censorship of scientific inquiry around cannabis, because the attitude to it was formed, racistly, on the basis of who used it illegally. There was no regard to the evidence on cannabis. It is the same with the psychedelic class of medicines. There is very little evidence of risk, or of deaths arising from the misuse of these medicines in their pure form, and we have perhaps put mental health treatment back five decades by not investing in, and exploring, these medicines in the way that their risk deserved.

We must learn lessons from the way that the policy developed in the lead-up to the November 2018 regulations, which failed to deliver the reform and change that we seek in order to treat sick, epileptic children, and those with so many other conditions.

I offer my hon. Friend the Minister the solution, and I hope that she will take it up. I am conservative in the proper sense—in terms of machinery of Government changes, and in terms of uprooting public administration and then replanting it to solve a problem. However, we are in desperate need of an office for drug control to enable all the interested Departments to take counsel together in Government. When the business is led by the Home Office, we find that its job is to protect the nation and to stop things happening. It has certainly succeeded in that, as far as research is concerned. It is the former Home Secretary, now the Health and Social Care Secretary, who opened up progress on this. I have great hopes that we will push on with this when it is on the health agenda, as well as the science agenda, and the agendas of the Department for Business, Energy and Industrial Strategy and, given the amounts of money being invested, the Treasury. [Interruption.] I am not sure about the level of demand for this debate, Madam Deputy Speaker. I appreciate that everyone would like to get away as soon as they reasonably can.

I am passionate about this, because we can do some real good here. If we push forward with creating an office for drug control, we will bring together all the interests in making progress in this area—for example, the Department for Environment, Food and Rural Affairs with regard to the growing of hemp in the United Kingdom. One begins to see a picture of how some Departments that Carol Black did not mention in her review as engaging in the treatment of those suffering from drug misuse still ought to be involved in the whole drug policy conversation. Opportunities for treatment and for better healthcare are being missed, quite apart from the economic opportunities that should be available for the nation.

Mr Deputy Speaker, I know that you want me to bring my remarks to a close. NHS England and NHS Improvement were tasked in 2019 with designing clinical trials appropriate for children who, in many cases, have made significant improvements and cannot ethically have their treatment withdrawn as would be required in a standard randomised control trial. We can and we must be flexible. The urgency of enabling timely access to medicines for these children was made clear, but it has not happened. These trials must happen and must present a route to access.

Sitting behind that are children who naturally tug at our heartstrings, given their conditions and the extraordinary cornucopia of steroid treatment and everything else that has been thrown at them. They deserve our sympathy. Behind them sit tens, hundreds and possibly millions of our fellow citizens who can also benefit if we get the bioscience, the research and the regulatory framework right. I look forward to conversations with my hon. Friend the Minister as we go forward. I recognise her need and that of her fellow Ministers in the Health and Social Care Department to make sure that the advice of the regulatory agencies that advise them is properly taken. In the first instance, though, those regulatory agencies require the right expertise, knowledge and understanding, and they need to acquire it in order to give her and her colleagues the right advice.

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[Christine Jardine (Edinburgh West) (LD)]

It is a pleasure to follow the hon. Member for Manchester, Withington (Jeff Smith). I thank the hon. Member for Inverclyde (Ronnie Cowan) for securing this debate on medicinal cannabis.

I am sure I am not alone in this place in often being asked by people, “What is it that makes you want to be an MP?, “What is it about being an MP that is rewarding?”, or, particularly after days like yesterday, “Is it not frustrating?” When I am asked that, I point them to what happened a couple of years ago, when my constituent Karen Gray came to my office with her wee boy Murray, who, up until that point, had been the subject of lots of conversation and lots of letters back and forward to the Scottish Health Minister and to the then Health Secretary about the availability of cannabis oil. She brought him into the office and he sat and explained to me all about why he liked dinosaurs. That might seem unremarkable. But before then—before he had cannabis oil—Murray was likely to have up to 100 seizures in a day. He had spent much of his life in hospital and missed much of his education, and his parents were worried for his future.

Three years ago, when the then Home Secretary, now Health Secretary, made cannabis oil legal, it gave Murray’s family hope that their lives would change, and their lives have changed, Murray’s life most significantly. But it still is not fixed, because now the specialist who was prescribing cannabis oil for Murray has retired. When they did, earlier this year, they wrote to the Secretary of State asking what was to happen, because there would now be only one clinician in the country prescribing cannabis oil for hundreds of children for whom Epidiolex is not appropriate but for whom cannabis oil does change their lives and keep them safe. I have spoken to Murray’s mum about this. She is of the opinion—and says that the specialist was as well—that many GPs and doctors in this country want to be able to help their patients with cannabis oil, and that will be possible only if the Department of Health changes its policy and encourages the profession to do so.

This is the third debate on this subject that I have taken part in in the past couple of months. Each of them was secured by an MP from a different party. Today’s debate was secured by the hon. Member for Inverclyde, who is a Scottish National party Member. Yesterday’s debate in Westminster Hall was secured by a Conservative Member. I secured the other debate, as a Liberal Democrat Member, and we had support from Labour Members. I am at a loss as to how an issue that is so emotive, and has so much support across this House and across this country, has to keep coming back. We have to keep asking the same questions. We have to keep saying that clinical trials will not work because cannabis oil is not suitable for clinical trials. Even the NHS has said so. In its report of 8 August 2019, it recommended that there should be alternative trials. By that I assume it means observational trials.

I wonder what motivated the Government and the then Home Secretary to change the law: I suspect that he wanted to do it in the best interests of a child, and children, who were suffering and could be helped by that change in the law. I also wonder how frustrated he, and other politicians who took part in that decision, including all of us who worked hard and campaigned for it, must now be that despite that significant—in some terms, massive—change by this Government, we have not made the intended progress. People are still in pain in this country. Families are spending, as we have heard, upwards of £1,000, sometimes £3,000, a month to secure legal medication for their children that they cannot get on the national health service—the national health service of which we are so proud and that is supposed to deliver free-at-point-of-delivery care from cradle to grave.

[Crispin Blunt]

A few of us have constituents with a child with epilepsy and have invested the time to get a detailed understanding of many of the issues. The problem, as alluded to by my right hon. Friend the Member for New Forest East (Dr Lewis), is that most of our colleagues think we have done it. After the decision was taken in November 2018—or when the licence was given for Billy Caldwell to get his medicine—the conclusion was that one would not be able to find anyone who was objecting, because if one can have medicine from the Asian poppy, why on earth can one not have medicine from cannabis? There was probably no opposition in this place at all. But the tragedy is that the evidence is that we have not done it. We must get back into the complexity. We will support the new Minister in fighting her corner to ensure that people can get these medicines, along with all the other interests that are engaged here too.

[Christine Jardine]

I thank the hon. Member for his intervention. He is absolutely right; I could not agree more. We all thought it was done, but more importantly, and more upsettingly, so did the families of the hundreds of children, and adults, who would benefit—adults with conditions such as multiple sclerosis for whom it would be life-changing. They all thought it had been done and cannot understand why it is not. I have to be honest: I cannot understand why it is not either, and why it simply cannot be done. Will the Government please consider using observational trials instead of insisting on clinical trials, which are not appropriate?

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[The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)]

I congratulate the hon. Member for Inverclyde (Ronnie Cowan) on bringing forward this debate. As has been said, this is the second day in a row that we are debating this important issue, and I appreciate the depth of feeling on it. I know there are many Members who wished to speak today but who have not been able to, including the hon. Member for Gower (Tonia Antoniazzi) and my hon. Friends the Members for Dover (Mrs Elphicke)—Teagan Appleby is her constituent—and for South Derbyshire (Mrs Wheeler).

As I said yesterday, I have huge sympathy for the issues, problems and struggles that patients and their families are facing. They are trying desperately to access these drugs. No one wants a resolution to this more than me and the Secretary of State, who, as has had been said a number of times, changed the law when he was Home Secretary to try to resolve this situation.

Yesterday, I confirmed the Government’s absolute commitment to take an evidence-based approach to unlicensed cannabis-based products for medicinal use in order to ensure that there is evidence that they are effective but also safe. A number of colleagues have asked why the Government cannot accept non-randomised controlled trials as evidence. The Government are not involved in the process of licensing the medicines; that is done by the independent regulator. The Government’s responsibility is in changing the law, which has already been done, but I very much take the point that we should be able to influence the speed at which the licensing process can take place. I will point out in my remarks how we are doing that.

I am willing to work with colleagues across the House, whether that is the hon. Member for Manchester, Withington (Jeff Smith), with his private Member’s Bill, or SNP Members. This is a non-political issue that we want to see resolved, but the Government are not the body responsible for licensing medication or assessing the worthiness of the research, whether that is randomised controlled trials or any other form of evidence.

Before I set out what is being done, I want to provide an update on the matter of Bedrocan, because the hon. Member for North Tyneside (Mary Glindon), my hon. Friend the Member for Reigate (Crispin Blunt) and the hon. Member for Inverclyde all mentioned it. The commercial agreement between Transvaal Apotheek and UK specialist medicines manufacturer Target Healthcare is progressing, and the MHRA and the Home Office are working with those companies to ensure that all regulatory standards for manufacturing these medicines are met.

On 16 September, the Home Office granted a six-month licence, which will allow Target to move on to testing its equipment and procedures using cannabis from the Netherlands and validating their production of Bedrocan oils. Departmental officials continue to work closely with the Dutch Government, Transvaal, the Home Office and the MHRA to ensure continuity of supply until domestic production can be established, and I will keep the House updated on progress. I hope that is a little glimmer of hope on that issue.

I am aware that there is huge patient demand for access to medical cannabis, and that many are convinced it is helping them with an array of medical conditions from chronic pain to cancer. To date, however, much of the evidence suggesting cannabis could be effective as a treatment is anecdotal. While that has some strength in observational studies, from the regulator’s point of view it often needs more robust clinical data.

There are two licensed cannabis-based products and one synthetic cannabinoid that mimics the effects of THC, which is the element I think most campaigners are looking for. We do have Sativex to treat severe spasticity in adults with multiple sclerosis, Epidyolex for the treatment of two rare forms of epilepsy and Nabilone for nausea and vomiting, so we are making some progress. I hear from campaigners that the THC element remains outstanding. Those products that are licensed are proof that when manufacturers invest in clinical trials, the potential of cannabis as a medicine can be realised. Clinical trials generate the data needed by our world-leading medicines regulator, the Medicines and Healthcare products Regulatory Agency, to assess for safety, and it is then for NICE to approve the NHS funding element of that.

Let me reiterate that this is a multiple-step process. Orkambi has been mentioned; the issue with that was not licensing—it had a licence—but NHS funding. If we get to the licensing stage, the Government can do a huge amount more to fast-track things and be involved in discussions. Licensing, however, is an independent process, and that is the point at which we are stuck.

[Crispin Blunt]

I used that parallel as an example. I totally respect my hon. Friend’s point about licensing progress—of course she is correct—but this is about thinking imaginatively to work our way through the problems to the right solution. That applies desperately in this situation, as it did with Orkambi.

[Maria Caulfield]

Absolutely. The Government are committed to trying to resolve the blockage to licensing, which is the main factor hindering the prescription of these drugs. The Health and Social Care Secretary changed the law when he was Home Secretary, but that was not the end of the issue, and that is why we are taking these next steps. It is important not to dismiss the importance of licensed medication. We know from history that when medication that may have a good clinical effect is not tested thoroughly, there can be grave consequences, just as with thalidomide. The safety of a medicine is as important as its efficacy. I am not casting aspersions on cannabis, but the regulator has responsibility for all medicines, and it takes that issue very seriously.