UK: patient who illegally supplied medical cannabis to hundreds of other patients gets minimum sentence

In a case that has been described as heralding «a wind of change» for the UK, Andrew Baines, 46, received the lowest possible sentence for supplying medical marijuana to hundreds of patients.

A father of two and cannabis user, Baines used his qualifications in cannabis science to illegally supply medical cannabis to people suffering from cancer or serious illnesses.

He was arrested in January 2020 in possession of around a kilo of cannabis and 30 plants on his property and was charged with distribution and production of a class B drug under the UK Misuse of Drugs Act 1971.

As a cannabis patient, Baines had a Cancard - a cannabis medical ID card designed in collaboration with the police. While the card itself doesn't provide impunity from the law, the Cancard helped Baines secure the services of attorney Hannah Sampson.

Unconditional patient support

Hundreds of patients travelled to Grimsby to show their support for Baines and provided testimony to the court highlighting his «selflessness, bravery and the impact of his work», which could have earned Baines a maximum sentence of 30 years to life imprisonment.

The Crown Prosecution Service (CPS) gave Baines the lowest possible sentence: six months' community service, with no fine.

Solicitor Hannah Sampson said: «This decision is unprecedented, I've never seen anyone given a six-month community sentence. You get 12 months if you steal a sandwich from Tesco. Perhaps this case marks the beginning of a wind of change. Maybe this case means that, at last, the law will catch up with the enormity of what cannabis can do to save lives.»

Cancard founder Carly Barton, who supported the case, said, «I salute the CPS and CPJ in this case, who made the right decision not to imprison Andrew for providing access to life-changing medicines for people in need.»

«Andrew has improved the lives of thousands of people who were sent home to die. The alternative for these people was to access these drugs via the criminal market, which pours money into accounts and causes damage.

«Experts like Andrew are rare. Right now, they fill the gaps in our healthcare system. We now need to consider better access systems so that those who need it can have access to cannabis, and so that our experts, like Andrew, can use their specialties legally.»

«Right now, our most competent scientists are working underground, and that doesn't make any sense.»

The Cancard organization said that Baines - who kept detailed records on his patients and treated thousands in need without taking money for his services - by providing these patients with medical cannabis prevented vulnerable people from accessing potentially dangerous products from criminals on the streets.

The organization said it hopes this case will be a catalyst for improving the lives of patients who are unable to can't afford a private prescription «The judge, the CPS and the police were united - at least to some extent - in the belief that this man is not a criminal, and that a custodial sentence was not appropriate to the «crime».»

He continues: «Until there is an affordable and safe supply of quality cannabis for all eligible patients, Cancard will continue to be committed to improving patients» lives."

Strong testimonials

Baines said, «As soon as they realized what I was doing, the police were brilliant with me, I wasn't handcuffed and I was treated not as a criminal but as a human being. The police are often criticized, but in my case they were great and it clearly shows that they didn't sign up to arrest people who are trying to help others.»

One patient, Belinda Williams, was diagnosed with incurable liver cancer and sent home to prepare for her death when her husband contacted Andrew.

Her husband, Russ Williams, commented: «I got in touch with Andy and our lives haven't been the same since. Andy didn't hesitate and started helping us. We offered to pay him, but he flatly refused.

«It's now 13 months later, and I'm delighted to announce that the six my wife's tumours have disappeared and we got the go-ahead this week. Our NHS oncologist is in shock.»

Seven-year-old Oscar, who has been diagnosed with autism and Lennox-Gastaut syndrome, He suffered hundreds of seizures a day, which left him increasingly disabled.

Emma, Oscar's mother, commented: «Without Andy, our son would be in a wheelchair, it's thanks to Andy that he walks. We also have the support of Oscar's neurologist. Oscar's school and family members are blown away by his progress.»

Baines also helped provide palliative care to the father of BBC radio presenter Becky Hayes in the final months after her throat cancer diagnosis.

Hayes commented, «He traveled a long way to come see my dad and me and talk to us about everything.»

«He's never charged for his time or asked for anything in return. His knowledge is incredible, he is the most selfless man and I can't believe there are people like him in this world. He continued to keep in touch with my family, giving them invaluable support, and again made a long journey to see my father when he was near the end. My family will never forget him.»