British nurse spares jail time after cancer patients defended him

Andrew Baines, 46, a father of two and a medical cannabis patient in the UK, faced a terrible fate because he was also a cannabis nurse. Namely 15 years in prison.

Baines was arrested in April 2020 after police in Lincoln in the East Midlands found a kilogram of cannabis (worth around $12,000) and thirty plants at his home. Police visited his home after postal workers became suspicious of one of his deliveries to a patient.

His network was huge. Baines personally delivered medicinal cannabis oil to hundreds of patients through an underground network – similar to what is happening around the world at a moment when cannabis remains out of reach for those who need it most.

However, after his arrest, Baines stated that the police tried to avoid serious prosecution against him. Hundreds of testimonials have been written on his behalf by his grateful patients.

The Crown Prosecution Service (CPS) has now decided not to press charges, instead granting Baines a six-month community decree – the lowest sentence.

Geraldine Kelly, Deputy District Judge, commented during her sentencing at Grimsby Magistrates Court: “If the law were different Mr Baines would have been applauded and not penalized.”

Baines’ lawyer, Hannah Sampson, part of the criminal defense team at Mackrell Solicitors, a well-known UK law firm with a strong cannabis practice, was shocked.

“I’ve never seen a six-month community directive issued. If you steal a sandwich from Tesco, you get 12 months,” she said. Sampson added: “Cases like this are fundamental to bringing this back to the grassroots so that the police and prosecutors make the right decisions. This case perhaps portends a wind of change. This case may mean that the law will finally catch up with the enormity of what cannabis can do to save lives.”

The court ruling comes a day after the British National Drugs Summit at which the government earlier this year pledged to tackle “middle class drug use” and Police and Crime Secretary Kit Malthouse has once again been vocal in his opposition to London Mayor Sadiq Khan’s plan to ease it of laws surrounding cannabis use and possession.

Cannabis reform in the UK

The UK is now on the uncomfortable, slippery slope faced by every other legalizing country. After all, where to draw the line on criminal behavior as some reforms have already taken place – but not enough to help the vast majority of potential patients?

Finally, medicinal cannabis use, even that high in THC, is legal in the UK. Several trials are underway allowing patients to obtain the drug legally and at a discount.

Additionally, CBD is now a regulated industry.

The problem, like almost everything else, is that most doctors will prescribe the drug and the National Health Service (NHS) will not reimburse patients – even for its use for chronic pain – the most commonly cited reason for cannabis use.

There are burgeoning projects across the UK, some on the mainland and some just offshore – particularly in the Channel Islands and Isle of Man, where cultivation and extraction of medicinal cannabis is in full swing. In fact, Guernsey officials are even considering recreational use.

And of course there are always calls, including from the Mayor of London, to at least decriminalize personal possession and use.

Patient advocacy and reform

In the UK it is very clear that patients have moved the needle of progress. First, it was the prospect of children with epilepsy dying and their parents going to jail for importing CBD oil from Canada and the EU that began to persuade politicians that a change was needed.

It’s just gone beyond that now. This latest case, clearly involving both THC and adult users, could indeed prove to be an important flagship case, transforming the political debate.

At least from the point of view of the CPS, it may well be that this turning point is in fact in full swing.