Licencing guidelines for cultivation and processing of Cannabis (FOI)

Original Request

Please provide the licensing guidelines for the cultivation and or processing of cannabis and derived products in Jersey.

Original Response 

The process for licensing the cultivation, possession and supply of cannabis products in Jersey is determined and described by relevant domestic legislation, specifically the Medicines (Jersey) Law 1995 and the Misuse of Drugs (Jersey) Law 1978 and related subordinate orders, which can be found by using the links below. Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied.  

Medicines (Jersey) Law 1995.pdf (jerseylaw.je)

Misuse of Drugs (Jersey) Law 1978.pdf (jerseylaw.je)

Businesses and individuals that wish to acquire a license to cultivate cannabis in Jersey can contact the Chief Pharmacist in the Health and Community Services Department who will provide guidance to support the application process.

Article applied 

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

Internal Review Request

I would like an internal review to be undertaken of the response to this FOI request, which did not answer the question posed in the request.

Internal Review Response

This review has been completed by two senior staff members of the Government of Jersey, independent of the original decision-making process.

The original response has been reviewed and assessed to identify whether the exemption had been applied correctly.

Commitments by the previous Government to publish the licensing guidelines continue to be reviewed following the general election and Scrutiny Panel’s report in 2022. The Government accepted the Panel’s recommendation for bespoke (new) regulations governing the licensing process, with ongoing development in 2023. 

The attached document, however, is guidance which is currently provided to bone fide applicants who apply for a licence. It is likely that this guidance will be updated in due course following the review by the current government. This document has been redacted in accordance with Article 42(a) (Law Enforcement) of the Freedom of Information (Jersey) Law 2011. 

Cultivation and Processing of Cannabis - Licence Guidance_Redacted.pdf

Please note that that some information can be found elsewhere – it is embedded in medicines legislation and ‘The Rules and Guidance for Pharmaceutical Manufacturers and Distributors’ (2022), published by the Medicines & Healthcare products Regulatory Agency (MHRA). 

Additionally, the UK Home Office (the Islands’ parent regulator in the context of licensing) have publicly available information via their website which can be accessed via the link below: 

Cannabis, CBD and other cannabinoids: drug licensing factsheet (gov.uk)

The reviewers, having considered the application of Article 23 in part in this instance, concluded that the exemption was appropriate and should be upheld. 

Article applied

Article 42 - Law enforcement

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the prevention, detection or investigation of crime, whether in Jersey or elsewhere;

Public Interest Test

Since the exemption which is engaged is a qualified, not an absolute, exemption a public interest test has been conducted as required by Article 9(2) of the Freedom of Information (Jersey) Law 2011 to assess whether, in all the circumstances of the case, the public interest in supplying the information is outweighed by the public interest in not doing so. 

Whilst it is accepted that the public may have an interest in Cannabis guidelines, this interest is outweighed, in part,  by the public good (the public interest) to preserve the integrity of security arrangements.

This information is therefore being withheld as it is considered that its disclosure into the public domain would likely create an opportunity for break-ins and or vandalism to applicants subsequently granted a licence which may endanger the health and safety of the public.