One nurse suggested that the cake might contain cannabis. Privacy And The Use Of Illicit Drugs Illegal behaviour raises further issues. Under section 8 of the Misuse of Drugs Act 1971, it is illegal for the occupier of a premises knowingly to permit the consumption of illicit drugs. Health professionals may be in breach of the law if they knowingly allow the consumption of illegal drugs. However, an important difference exists between shutting one's eyes to an obvious breach of the law and respecting privacy.
Privacy is vitally important.
The possibility that a patient may be consuming illegal drugs in hospital should not, by itself, justify invading their privacy, just as the possibility that patients might be using illicit drugs at home does not warrant unlimited access to their private lives. In the case of Mr K, it would be morally right to ensure that he and his mother are aware of the risks and benefits of using cannabis. But investigating whether the cake contains cannabis would be wrong unless staff believe that there is evidence of sufficient risk of harm to Mr K or to others that would justify intrusion into what is a private matter. We expect privacy in our own homes and the right to behave in ways that others might disapprove of without interference. In the case of Mr K, Savulescu et al suggest that the best advocacy can sometimes be to remain silent.