Case Study: Disclosing medical cannabis use the right way

Written by: a Medico-Legal Expert

Reviewed by a Medico-Legal Expert

Published: 
September 2026

Disclosing medical cannabis use the right way

Written by: a Medico-Legal Expert

Reviewed by a Medico-Legal Expert

Published: 
September 2026

Disclosing medical cannabis use the right way

After receiving a police caution for the unlawful possession of cannabis, Dr X, an ST1 in Emergency Medicine, faced subsequent professional challenges. The doctor had previously used cannabis in their country of origin, where it was legal. However, upon moving to the UK, they did not realise that cannabis is illegal in the country unless it has been medically prescribed by a physician.

Months later, our member was offered a position on a local GP Training programme after applying for a GP training post. Dr X correctly declared the police caution during the pre-employment screening process, prompting the Lead Employer to reach out for additional details. Our member revealed that following the caution, they had consulted their GP and started utilizing medicinal cannabis.

Because this disclosure raised patient safety concerns, Dr X was requested to take a “for cause” drug test. While awaiting the results, they were confined to restricted duties involving only educational work and were required to submit a statement explaining both the police caution and their use of medicinal cannabis. Following the imposition of these restricted duties, Dr X reached out to MDS seeking guidance and support.

MDS Advice and Outcome

MDS worked with our member to submit a statement which addressed their police caution and medicinal use of cannabis, including evidence of Dr X’s prescription. MDS also supported Dr X in self-referring to the GMC, as it came to light that they failed to disclose their caution at the time. 

MDS challenged the ongoing restrictions on our member’s practice on the basis that a complete restriction from clinical work was onerous and unfair in the light of Dr X’s recognised medical condition and prescription. 

Dr X had already resigned from their current post prior to the concerns arising, in anticipation of commencing the GP training post, and their employment came to an end before the restrictions were lifted. 

Unfortunately, Dr X’s conditional offer of employment on the GP training post was subsequently withdrawn due to Dr X failing to disclose his caution to his previous employer at the time it occurred, and concerns about Dr X’s fitness to practice in light of their positive drug test result, and disclosure that they regularly consume medicinal-cannabis. 

MDS advised Dr X of the importance of disclosing his cautions moving forward, as well as the restrictions which were imposed on him at the time his last employment concluded. MDS continues to assist Dr X with their ongoing GMC investigation. 

Learning Points

  • Doctors should be alert to the requirements of Good Medical Practice and the GMC’s guidance on ‘Reporting criminal and regulatory proceedings within and outside the UK’.
  • You should be aware of local organisational policies and the requirements to disclose your involvement in criminal or regulatory proceedings in a timely manner. 
  • If you are unsure whether or not to disclose something to your employer or the GMC, contact MDS for advice promptly. 
  • In accordance with Good Medical Practice, you have a duty to take care of your own health and wellbeing, recognising if you may not be fit for work. You should seek independent professional advice about your fitness for work, rather than relying on your own assessment. 

Medical Defence Shield can help!

If you’re facing a similar situation, it’s important to seek advice as early as possible. MDS members can access expert guidance and support tailored to their individual circumstances.

Contact MDS as soon as possible to discuss your situation. Our experienced team can help you understand your options and support you in making informed decisions that protect both your professional position and your patients.

Call us on 0300 30 32 442 or email our Case Managers at [email protected], quoting your membership number.

Not an MDS member? Get in touch to find out how MDS membership can support you when you need it most.