Medical cannabis, housing, and the Equality Act

Since 2018, specialist doctors in the UK have been allowed to initiate prescriptions of cannabis medicines to their patients, who are then legally allowed to possess and consume this medication. It is not legal for prescription cannabis to be smoked or cultivated at home. However, the medication can legally be vaporised using a medical device or taken as an oil or capsule.

The Cannabis Industry Council, which represents clinics, pharmacies, licensed producers, and patient groups, has prepared some guidance on this issue for housing providers. This has been reviewed by Fieldfisher lawyer, Robert Jappie.

The guidance offers a roadmap for navigating these complex issues, ensuring housing associations can accommodate residents’ health needs while managing potential safety, legal, and social concerns.

The report advises housing associations of their obligations under the Equality Act 2010, which prohibits discrimination based on disability (various medical conditions would qualify). The report notes that housing providers must ensure reasonable accommodations are available to tenants and leaseholders.

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, in theory, lead to a housing provider being taken to court or added to a ‘rogue landlord’ database.

The key points from the report for housing associations to consider are:

Education and Training

• Housing associations and property managers should ensure that their staff members are well-informed about the Equality Act 2010, specifically regarding its application to medical cannabis patients. Providing training on accommodating medical needs and fostering a culture of understanding will promote equal treatment for all people.

Clear Communication

• Housing associations and property managers must maintain open channels of communication with tenants/guests. Encouraging tenants/guests to communicate their medical needs and any necessary accommodations allows for a proactive approach to resolving potential issues.

Reasonable Accommodations

• When a tenant/guest presents a valid prescription for medical cannabis, housing associations should assess and provide reasonable accommodations for the prescribed patient. These accommodations may include allowing the use of prescribed medical cannabis within the confines of a tenant's private space and ensuring privacy and confidentiality.
• Any provisions in any rental agreement prohibiting or significantly restricting the possession and consumption of prescribed medication (including medical cannabis) would be discriminatory and therefore challengeable.

Privacy and Confidentiality

• It is paramount for housing associations to respect the privacy and confidentiality of tenants’/guests’ medical conditions and prescriptions. Such information should only be shared with appropriate personnel on a need-to-know basis, in accordance with data protection laws. Patients are not legally (nor can they be contractually) obligated to share proof of their prescription, although they may unilaterally decide it is in their interests to do so.

As report author and patient advocate Mohammad Wasway of PatientsCann notes: “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 guidance highlights that the key to managing prescription cannabis use in housing associations lies in taking a thoughtful approach that respects resident needs while maintaining safety and compliance. Housing providers have a pivotal role in balancing compassion and regulation, creating a framework that supports those with medical needs while preserving the well-being and rights of all residents.

The full report can be accessed on the Cannabis Industry Council’s website.