Legal medical cannabis prescriptions have been available in the UK for a range of conditions since 1st November 2018. As with other potentially impairing medications listed within the Road Traffic Act 1988, patients with a legal prescription can drive a motor vehicle as long as they follow their medical practitioner’s guidance and are not impaired as per section 5A(3), (4) and (5). If you have been pulled over for drug driving and have a prescription, speak to one of our experts today for free initial advice.
Section 5A(3) Road Traffic Act 1988
It is a defence for a person (“D”) charged with an offence under this section to show that:
(a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
(b) took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and ‐
(c) D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
(4) The defence in subsection (3) is not available if D’s actions were—
(a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or
(b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.
(5) If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
How do I defend a drug driving charge with a medical defence?
It is important that you can provide all of the necessary evidence required to satisfy the court that you meet all of the requirements for the statutory medical defence. This would normally be
- Your prescription
- A letter from your specialist consultant
- Guidance from the manufacturers - e.g. a photo of the labels on your dispensary pot or THC oil container
The main issues are lack of education and training within UK police forces (most police are unaware of legal cannabis prescriptions), the right to drive and the common use of preliminary drug tests which identify only cannabis (THC) and cocaine (only 2 of the 17 drugs within the legislation). This is compounded by the lack of investigation by the police as to the claims of the statutory defence to exceed the specified limit.
If you have been released under investigation for drug driving, it important that you take advice from a specialist motoring defence solicitor who can write to the police to make them aware of the medical defence. Most police officers will not be legally trained and may not have the knowledge to make an informed decision. This is where contact from a solicitor can have advantages.
Road safety and cannabis
Although cannabis can impair driving, current science confirms that the effects last for 2 to 4 hrs when vaped and up to 6 hrs when ingested. However, individuals who medicate with cannabis daily often develop a tolerance. There is no official guidance in relation to time scales for medical cannabis patients and as with other medications, the determination of impairment is entirely up to the patient, especially given that the guidance from practitioners and manufacturers is ‘do not drive if impaired’.
It remains the responsibility of all drivers to consider whether they believe their driving could be impaired. It will remain an offence to drive whilst their driving is impaired by drugs. If in doubt, don't drive! The statutory medical defence does not apply to a Section 4 Drive Whilst Unfit Through Drugs offence because even if legitimately taking a medicine, the patient should not be driving whilst impaired.
Image by jcomp on FreepikIf the police are satisfied that a driver is taking the relevant medicine on the advice of a healthcare professional or in accordance with the leaflet that accompanies the medicine, the police will not prosecute them for this offence
