UK landlords, property managers, and housing associations are currently at risk of breaching the Equality Act over their approach to prescription cannabis, according to a new report.
The new report by the Cannabis Industry Council (CIC) urges housing providers to support tenants who may be prescribed cannabis-based medicines and ensure accommodations are made to meet their needs.
Section 15 of the The Equality Act 2010 prohibits discrimination based on disability, which includes medical conditions that qualify as disabilities The Act applies to tenants, sub-tenants, leaseholders, and individuals part of a common-hold, as well as others living with them.
Since 2018, specialist doctors have been permitted to prescribe cannabis medicines to their patients, making it legal for them to possess and consume this medication.
However, there have been increasing reports of patients having negative experiences with various authorities, including landlords and housing providers.
One housing association, SNG, states on its website that it will ask for “written evidence from a qualified NHS practitioner” if a tenant is prescribed cannabis for medical use, adding that it “usually only presents as an issue where people pursue a ‘vaping’ method of administration through a private clinic.”
Daniel Wilson, from Norwich, told Cannabis Health that he was evicted in 2022 after his landlord discovered he was administering his medication in the property. He claims the local authority later insisted that he disclose his prescription to prospective housing providers.
In a letter seen by Cannabis Health in response to a question about the right to administer his medication as a tenant in a council-owned property, the Housing Office said: “If complaints are received that the use of drugs is causing issues within our premises we would refer this matter to the police.”
Landlords must make ‘reasonable adjustments’
According to the CIC, landlords, housing associations, and property managers ‘must make reasonable adjustments to accommodate tenants with disabilities’, including allowing the use of prescribed medical cannabis ‘where it is consumed responsibly and safely, as per the patient’s prescription’.
It also notes that any rental agreement provision prohibiting or significantly restricting the possession and consumption of prescribed cannabis would be discriminatory.
Mohammad Wasway of patient advocacy group, PatientsCann, who authored the report, commented: “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.
“We urge landlords and housing associations to proactively engage with tenants and leaseholders, to ensure that they do not discriminate against patients with disabilities.”
The CIC also says it will be working with housing providers to help them understand their legal obligations and support their tenants and leaseholders.
CIC Standards Working Group Chair, Elisabetta Faenza, added: “The Cannabis Industry Council will be engaging with housing providers to help them understand their legal obligations and support their tenants and leaseholders.
“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, which also provides guidance for patients to help them understand their legal rights can be viewed here.
The post Landlords warned cannabis policies could be at risk of breaching the Equality Act appeared first on Cannabis Health News.
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Author: Sarah Sinclair
