Drug Driving and ADHD
People with ADHD are more likely to medicate with controlled drugs. Our team of specialist solicitors have years of experience in representing clients with ADHD and ASD. We are able to explain how this can strengthen your case.
On this page;
- What is ADHD
- ADHD and Drug Driving
- ADHD Defences
What is ADHD?
Attention deficit hyperactivity disorder (ADHD) is a condition that affects people's behaviour. People with ADHD can seem restless, may have trouble concentrating and may act on impulse. Symptoms of ADHD tend to be noticed at an early age and may become more noticeable when a child's circumstances change, such as when they start school. Most cases are diagnosed when children are under 12 years old, but sometimes it's diagnosed later in childhood. It is thought that about 5% of children and 3% of adults have ADHD. There is no cure for ADHD. People with ADHD may also have additional problems, such as sleep and anxiety disorders. (NHS Website).
Cannabis and ADHD: Benefits
A 2016 study of 268 separate online discussion threads reported that 25% of people said they believed cannabis had a positive role to play in ADHD symptom management. One reason for this might relate to the lack of dopamine in the prefrontal cortex region of the brain. As a neurotransmitter, dopamine is a chemical that transmits signals between nerve cells in the brain. Dopamine may affect thought processes, including memory and attention. Substances such as cannabis can lead to the production of more dopamine in the reward centre of the brain, thereby relieving symptoms.
This was considered in greater detail in a 2017 study, which discusses the dopamine-releasing action of tetrahydrocannabinol (THC), an active chemical component in cannabis. Researchers found that THC boosts short-term dopamine levels and provides short-term symptom relief as well as better focus.
A further review of available clinical evidence on cannabis cited a case that — although not involving ADHD — showed that a child with autistic spectrum disorder had improved hyperactivity levels after receiving a cannabidiol (CBD) treatment.
Similarly, a 2021 study of over 1700 students found that self-reported cannabis use improved hyperactivity and impulsivity in people with ADHD. Respondents also reported that cannabis improved most of the side effects of their ADHD medication.
There is also evidence for the clinical effectiveness of cannabis for ADHD from more rigorous, evidence-based research. In 2017, a trial of Sativex – an oral spray of cannabis extract with a 1:1 ratio of CBD:THC – was published in European Neuropsychopharmacology. Researchers found that participants treated with Sativex showed significant improvement in their hyperactivity and impulsivity when compared to control subjects. They also found a trend towards an improvement in inattention and emotional lability, suggesting that cannabis may lead to “a reduction of symptoms and no cognitive impairments” in adults with ADHD.
A recent case report, published in Medical Cannabis and Cannabinoids in 2022, investigated the effect of cannabis on three men with ADHD, aged 18, 22, and 23. The findings show that each patient saw significant improvements in depression, anxiety, regulation, and inattention scores following cannabis use.
Although more research is needed before the exact effects of cannabis on ADHD are fully understood, evidence in favour of its safety and efficacy is robust enough for private UK clinics to prescribe medical cannabis to eligible ADHD patients.
Treatment with Cannabis
Medical cannabis we know has been found to be a good alternative treatment when an individual is dealing with ‘sensory overload’ which can happen when a person has input from their five senses at one time. From multiple conversations, flashing lights and loud music, all of which can be overloading symptoms in conditions such as Autism, Fibromyalgia, PTSD and ADHD. Whilst there are not many studies on the use of cannabis specifically on ADHD, there are a few promising results.
ADHD Drug Driving Defences
Assuming you have ADHD, there are two highly effective defences to a drug driving charge. The first defence requires a cannabis prescription through an approved medical facility (such as Sapphire Medical). If you are prescribed cannabis for ADHD and using it as advised by a medical practitioner you would have a defence under Section 5A(3) RTA 1988. You must demonstrate that you are prescribed the drug and that you are not 'over dosing' or abusing the cannabis. Unfortunately, this defence may not stop the police arresting/charging you, but it should stop the courts from convicting you. The second defence is more widely available for people with ADHD. This defence relates to your understanding of the procedures surrounding the blood test. When a sample of blood is taken at police custody, an important document must be completed by the police. This is known as the MGDDB document. It contains a number of important questions and legal warnings the police must read out (a bit like a script). If you were unable to understand this procedure due to your ADHD then you could be found not guilty (even if you gave a blood sample in excess of the legal limit). Helpfully, it is the police who must prove that you were capable of understanding the procedure (rather than you having to prove that you weren't).
Case Example
Graham is 25 years old and diagnosed with ADHD. He has always struggled with concentration, focus and building relationships. In stressful situations, Graham can become quiet and confused. When Graham was charged with drug driving, he asked us for help. We were able to prove that due to Graham's ADHD he could not have understood his options in relation to the blood test (i.e. the option to give blood and the option to refuse). Graham was not convicted of the offence despite being over the legal limit.
Getting help for ADHD
Many children go through phases where they're restless or inattentive. This is often completely normal and does not necessarily mean they have ADHD. But you should discuss your concerns with your child's teacher, their school's special educational needs co-ordinator (SENCO) or a GP if you think their behaviour may be different from most children their age. It's also a good idea to speak to a GP if you're an adult and think you may have ADHD, but were not diagnosed with the condition as a child.
THC Icon: Freepik
