Since 1st November 2018, patients in the UK have been legally able to obtain medical cannabis prescriptions for a range of health conditions. However, despite the legality of the medication, it’s important to understand how it impacts driving regulations. Under the Road Traffic Act 1988, individuals who are legally prescribed medical cannabis are allowed to drive as long as they adhere to their doctor’s guidance and are not impaired at the time of driving, in accordance with Section 5A(3), (4), and (5). If you are a medical cannabis patient who has been stopped and tested for drug driving, and you have a valid prescription, it is crucial to seek advice from one of our experts immediately for a free initial consultation.
Legal Defence for Drug Driving Charges with a Prescription
Under UK law, a person charged with drug driving may use a statutory defence if they are able to demonstrate the following:
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Prescription: The controlled drug (such as medical cannabis) was prescribed or supplied for medical or dental purposes.
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Compliance with Medical Advice: The drug was taken according to the instructions provided by the healthcare professional who prescribed it, as well as any accompanying guidance from the manufacturer or distributor of the drug. This includes the proper dosage and timing of consumption.
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Legality of Possession: The individual had lawful possession of the drug immediately prior to taking it.
However, this defence is not available if the individual’s actions were in contravention of the prescribed guidance, specifically:
- Taking the drug within a timeframe that was not advised by the prescribing doctor or contrary to the instructions provided by the manufacturer regarding the timing of consumption before driving.
If the individual can raise enough evidence to invoke the statutory defence, the court must assume that the defence is valid unless the prosecution can prove beyond a reasonable doubt that the defendant’s actions were inconsistent with the conditions for the defence.
How Can You Defend a Drug Driving Charge with a Medical Defence?
To successfully defend yourself against a drug driving charge with a medical defence, it is essential that you can present clear evidence to satisfy the court that you meet all the necessary requirements. The evidence typically required includes:
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Prescription: A copy of your legal prescription for medical cannabis.
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Letter from Your Specialist: A letter from your prescribing specialist, confirming your condition and the prescribed dosage of cannabis.
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Manufacturer’s Guidance: Evidence from the manufacturer, such as a photo of the label on your dispensary container (e.g., THC oil or dried cannabis), clearly showing the dosage and instructions provided.
Challenges and Gaps in Enforcement
There are several challenges and gaps in the enforcement of the law around medical cannabis and driving. A major issue is the lack of education and awareness within UK police forces. Many officers are unfamiliar with the details of legal medical cannabis prescriptions and may not fully understand the nuances of the law in relation to driving. Additionally, police typically rely on preliminary drug tests that only detect cannabis (THC) and cocaine. These tests do not account for other substances included under the legislation, which can lead to misinterpretation of the results.
Compounding this issue is the lack of thorough investigation by the police regarding the specifics of the statutory defence for medical cannabis patients. In some cases, police may not properly evaluate whether the patient exceeded the specified legal limits for THC based on the amount of time that has elapsed since consumption, the dosage, or the patient's tolerance levels.
What to Do if You’ve Been Released Under Investigation
If you’ve been released under investigation for a drug driving charge, it is critical that you seek guidance from a specialist motoring defence solicitor. They can help by contacting the police on your behalf to make them aware of your legal medical cannabis prescription and the associated defence. Many police officers lack the training and legal expertise to fully understand these defences, and this is where expert legal representation can make a significant difference.
No Further Action: What Does It Mean?
If you have been released under investigation and are awaiting results, there may be a possibility to have the police take no further action against you. A solicitor can help identify potential errors or procedural mistakes made by the police early in the process, which could pressure them into dropping the charges before they progress to court. In many cases, our clients never find themselves in court, as we are able to demonstrate flaws in the investigation or provide sufficient evidence to support their defence.
Medical Cannabis and Impairment: What You Need to Know
It is important to acknowledge that, while cannabis is legal for medical use in the UK, it can still impair your ability to drive. Current research suggests that the effects of vaping cannabis typically last for 2 to 4 hours, and up to 6 hours when ingested. However, individuals who use cannabis regularly may develop a tolerance, meaning they might not experience the same level of impairment as someone who uses it less frequently.
There is currently no official guidance on the specific time scales for how long a medical cannabis patient should wait before driving. Like other medications, it is generally recommended that patients use their own judgment in assessing whether they are fit to drive. The key advice from medical practitioners and manufacturers is clear: do not drive if you feel impaired.
Final Responsibility: Driver’s Duty to Assess Fitness to Drive
While you may be legally entitled to drive under certain circumstances, the responsibility ultimately lies with the driver to assess whether they are fit to drive. If you feel impaired by your medication, it is important to refrain from driving. The statutory medical defence does not apply to a Section 4 – Drive Whilst Unfit Through Drugs charge, because even with a legal prescription, you should not drive if you are impaired by the medication. If you are in any doubt, it is always better to err on the side of caution and avoid driving until you feel certain that you are not impaired.
Conclusion
Navigating the legal landscape surrounding medical cannabis and driving can be complex, especially when the potential for misunderstanding or misapplication of the law by the police exists. If you are a medical cannabis patient and are facing drug driving charges, it is essential to seek professional legal advice immediately to ensure that your rights are protected, and you are able to mount the strongest possible defence.
If you need assistance or have been stopped for drug driving while using medical cannabis, don't hesitate to contact one of our experts for a free initial consultation.
