In a case that has been described as earmarking “a wind of change” for the UK, Andrew Baines, 46, has received the lowest possible punishment for supplying hundreds of patients with medical cannabis.
Father of two and cannabis patient, Baines, had been using his qualifications in cannabis science to illegally supply medical cannabis for people with cancer and life-changing illnesses.
Baines was caught with around one kilo of cannabis and 30 plants at his property in January 2020 and was charged with supply and production of a class B drug under the Misuse Of Drugs Act 1971.
As a cannabis patient, Baines had a Cancard membership – a medical cannabis ID designed in collaboration with police. Although the card itself does not provide impunity from the law, as part of its service, Cancard assisted Baines in securing Cancard solicitor Hannah Sampson of Sampson Bailey.
Read more: UK Government must seize cannabis opportunity, says parliamentary group
Hundreds of patients turned out in Grimsby to show support for Baines and provided testimonials to the court highlighting “his selflessness, bravery and impact in his work” which could have seen Baines land a maximum of 30 years to life in prison.
The Crown Prosecution Service (CPS) gave Baines the lowest possible punishment – a six month community order with no costs to pay.
Solicitor Hannah Sampson said: “This ruling is unprecedented, I have never known anyone be handed a six month community order.
“You get 12 months if you steal a sandwich from Tesco. This case, perhaps, earmarks a wind of change. This case, perhaps, means that finally, the law will catch up with the enormity of what cannabis can do to save lives.”
Founder of Cancard, Carly Barton, who supported the case, said: “I salute the CPS in this case who made the fair decision not to imprison Andrew for providing access to life changing medicine for people in need.
“Andrew has improved the lives of thousands of people who were sent home to die. The alternative for those people was to access these medicines via the criminal market which pours money into county lines and causes harm.
“Experts like Andrew are few and far between. Currently they are bridging the gap that our healthcare system is not providing. Now we need to look at better access schemes so that those who need it can access cannabis, and, so that our experts, like Andrew, are able to utilise their specialisms legally.
“Currently our most knowledgeable scientists are operating underground and this makes
no sense.”
Cancard has said that Baines – who maintained detailed patient records and has treated thousands of people in need without taking any money for his services – supplying these patients with medical cannabis prevented vulnerable people from accessing potentially dangerous products from criminals on the streets.
The organisation has stated that it hopes that the case might prove to be a catalyst for improving the lives of patients who cannot afford a private prescription: “The Judge, CPS and police force were united – at least to some extent – in the belief that this man is not a criminal, and that a custodial sentence did not fit the “crime”.”
It continued: “Until there is an affordable, safe supply of safe, quality cannabis for all suitable patients, Cancard will continue to engage relevant policy makers to improve the lives of patients.”
Baines said: “As soon as they understood what I was doing the police were brilliant with me, I was not handcuffed and I was treated not as a criminal but as a human being. The police get a lot of stick but in my case they were great and it’s a clear indication that they did not sign up to arrest people trying to help others.”
One patient, Belinda Williams, was diagnosed with incurable liver cancer and was sent home to prepare for her death when her husband made contact with Andrew.
Her husband, Russ Williams, commented: “I made contact with Andy and our lives have not been the same since. Andy did not hesitate and set about helping us. We offered to pay him, but he refused point-blank.
“We are now 13 months on and I am pleased to report that all six of my wife’s tumours have gone and just this week we were given the all clear. Our NHS oncologist is in shock.”
Seven year old Oscar, who has a diagnosis of autism and lennox-gastaut syndrome, was suffering from hundreds of seizures a day which were making him increasingly disabled.
Oscar’s mother Emma commented: “If it wasn’t for Andy our son would be in a wheelchair, it’s thanks to Andy that he is walking.
“We also have the backing of Oscar’s neurologist. Oscar’s school and family members are blown away by his progress.”
Baines also gave assistance with providing palliative care to BBC radio presenter Becky Hayes’ late father during his final months following a throat cancer diagnosis.
Hayes commented: “He travelled a long way to come and see myself and my dad to talk us through everything.
“He 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 quite believe there are people in this world like him. He continued to stay in contact with my family providing invaluable support and again made a long journey to see my father when he was near the end.
“This will never be forgotten by my family.”
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