Drugs and human rights : a constitutional approach

This thesis examines whether it is an abuse of human rights to prohibit and criminalise a medically useful controlled drug. Specifically therefore, it examines whether the regime of the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 is compatible with Article 8 of the European Convention on Human rights and the Human Rights Act 1998. As Article 8 is a qualified human right, it can be justified if infringement of it is a proportional interference in pursuit of a legitimate aim. This thesis argues, using medical cannabis as a case study, that such a justification cannot be mounted and the medical prohibition of a medically useful drug is, therefore, an abuse of human rights.