Landlords, property managers, and housing associations in the UK are currently at risk of breaching the Equality Act over their approach to prescription cannabis, according to a new report published by the Cannabis Industry Council (CIC).
The report, The Use of Prescription Cannabis in Buildings, emphasises the obligations of housing providers under the Equality Act 2010, which prohibits discrimination based on disability or medical conditions.
The report states that housing providers must ensure reasonable accommodations are available to tenants and leaseholders. This includes allowing the use of prescribed medical cannabis within the confines of a tenant’s private space and ensuring privacy and confidentiality.
Furthermore, the report notes that any rental agreement provision prohibiting or significantly restricting the possession and consumption of prescribed cannabis would be discriminatory. This could lead to a housing provider being taken to court, or added to a ‘rogue’ landlord database.
“Housing providers must treat prescription cannabis patients like any other medical patients, and indeed should take steps to ensure patients can consume their medication at home,” said report author Mohammad Wasway of PatientsCann.
“We urge landlords and housing associations to proactively engage with tenants and leaseholders, to ensure that they do not discriminate against patients with disabilities.”
Patients frequently report issues with employers, authorities and housing providers. Posts on patient discussion forums on social media platforms such as Reddit show medical cannabis users being threatened by housing authorities due to the smell of cannabis coming from their property.
“The Cannabis Industry Council will be engaging with housing providers to help them understand their legal obligations and support their tenants and leaseholders,” said CIC Standards Working Group Chair Elisabetta Faenza.
“We believe it would be proportionate for landlords who continue to deny patients their basic rights to be added to ‘rogue’ landlord databases or indeed be taken to court.”
The report also provides guidance for patients to help them understand their legal rights, and to navigate this complex area. The report has been reviewed by lawyer Robert Jappie of Fieldfisher.
Since 2018, specialist doctors have been allowed to prescribe cannabis medicines to their patients, who are then legally allowed to possess and consume this medication. Despite this, newspapers owned by media groups such as Reach PLC frequently publish digital articles suggesting members of the public can report the smell of cannabis to landlords and housing companies with no mention of the law changing almost six years ago.
This story first appeared on leafie, view here
Author: Kevin Dinneen
