Dáil Éireann Debate, Wednesday - 3 February 2021
785. Deputy Colm Burke asked the Minister for Health the steps being taken in order to ensure that cannabis patients who have had to emigrate (details supplied) can return to Ireland and legally and affordably access their medicine here; and if he will make a statement on the matter. [5586/21]
View answerThe Department does not comment on individual cases.
There are two separate pathways for accessing cannabis for medical use in Ireland.
Medical Cannabis Access Programme (MCAP)
In June 2019, the Minister for Health signed legislation to underpin the operation of the Medical Cannabis Access Programme (MCAP). This is a 5-year pilot programme, restricted to prescribing of cannabis-based products by medical consultants, for patients with certain medical conditions who have exhausted all other available medical treatment options.
For more information relating to the MCAP, including FAQs, please see the Department of Health’s website at the following link.
https://www.gov.ie/en/publication/90ece9-medical-cannabis-access-programme/
The MCAP is not currently operational and is in the HSE Service Plan 2021. The HSE will be responsible for the operation of the programme.
Ministerial Licence under Section 14 of the Misuse of Drugs Acts 1977-2016
Pending full operation of the MCAP and for medical indications not included in the MCAP, doctors may continue to utilise the Ministerial licencing route to prescribe medical cannabis for their patients, should they wish to do so.
In line with the Chief Medical Officer's advice, the granting of a licence for cannabis for medical purposes must be premised on an appropriate application being submitted to the Department of Health, which is endorsed by a consultant who is responsible for the management of the patient and who is prepared to monitor the effects of the treatment over time.
This information can be found at the following links:
https://www.gov.ie/en/publication/1a5c4e-applying-to-the-minister-for-health-for-a-medical-cannabis-licence/
https://www.gov.ie/en/publication/e35cb4-ministerial-licence-application-process/
It is important to note that the medical decision to prescribe or not prescribe any treatment, including cannabis treatment, for an individual patient is strictly a decision for the treating clinician, in consultation with their patient. The Minister for Health has no role in this clinical decision-making process.
The HSE has statutory responsibility for decisions on pricing and reimbursement of medicines under the community drugs schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act 2013.
The Minister for Health has no role in this clinical decision-making process and Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
