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What Does the Law Say About Medical Cannabis and Driving in the UK?

What Does the Law Say About Medical Cannabis and Driving in the UK?

What Does the Law Say About Medical Cannabis and Driving in the UK?

Since 2018, medical cannabis has been available on prescription in the UK to treat specific health conditions. While this development has offered hope to many patients, it has also created some grey areas concerning drug driving laws. 

Delta-9-tetrahydrocannabinol (THC) is one of the illegal substances outlined in the Government’s list of controlled drugs in drug driving law, but THC is also a key ingredient in some prescribed cannabis-based medicines. This overlap creates uncertainty for patients who require these treatments and need to drive. In this article, Parnell and Peel will discuss medical cannabis, driving in the UK, and how to stay on the right side of the law. 

If you have recently been arrested for drug driving but have a legitimate prescription, please contact our experts today for immediate guidance. Call us on 033 03411690 or make a free online enquiry with zero obligation to commit to our services.

Medical Cannabis and Driving UK: What You Need to Know

Medical cannabis prescriptions are relatively new to the UK, so many drivers remain unclear about their legal standing. Read on for helpful context, insights, and steps to stay legal on the roads.


The Legalisation of Medical Cannabis in the UK

On the 1st of November 2018, the UK government legalised the prescription of medical cannabis for patients with specific health conditions. According to the Medical Cannabis information on the NHS website, this medication is currently only available to a small number of patients. For example:

  • People with rare or severe forms of epilepsy
  • Adults with vomiting or nausea from chemotherapy
  • Individuals with muscle stiffness and spasms caused by multiple sclerosis (MS)

If you’re receiving medical cannabis, it is essential to keep informed on the latest guidance, especially regarding matters like driving.

 

Can Medical Cannabis Impair Driving?

Medical cannabis is standardised to contain specific levels of cannabinoids, primarily cannabidiol (CBD) and tetrahydrocannabinol (THC). While products containing only CBD don’t usually affect driving, those containing THC (the psychoactive component of cannabis) can impair your driving ability by causing:

  • Drowsiness
  • Impaired coordination
  • Fatigue

Driving while impaired by any medication is a criminal offence. Always check your prescription guidelines and avoid driving if you experience side effects. 

 

What Does the Law Say About Driving and Medical Cannabis?

Now, let’s take a closer look at drug driving legislation and how this can apply to medical cannabis.

Overview of Drug Driving Laws in the UK

In the UK, it is an offence to drive when impaired by drugs. More specifically, in England, Wales and Scotland, it is an offence to drive with certain controlled drugs in your system. In 2015, the law set out clear limits for 17 specific drugs, including illegal substances and some prescription medications.

If the police suspect you’re unfit to drive due to drugs, they can stop you for a ‘field impairment assessment’. This assessment may involve asking you to walk in a straight line or taking a roadside test to screen for cannabis or cocaine. If they believe you’re unfit to drive, you can be arrested and required to provide a blood or urine sample at the police station. You can be charged if the test shows you’ve exceeded these limits.

 

Driving and Medical Cannabis

There is some confusion surrounding medical cannabis and driving. Although it is a prescribed medication, it can contain Delta-9-tetrahydrocannabinol (THC), which is one of the illegal substances that drug driving law takes a zero-tolerance approach towards. Despite the legalisation of medical cannabis in 2018, driving laws have not been updated to reflect this change.

Under current regulations, drivers must not have two micrograms or more of Delta-9-tetrahydrocannabinol (THC) per litre of blood. However, if you are prescribed medical cannabis containing THC, you are likely to exceed this limit. Plus, THC can be detected in saliva for 24 to 72 hours, in urine for up to 30 days, and in blood for up to 25 days, depending on the frequency of use. 

Technically, this means that even if you are not experiencing side effects, the amount of THC in your blood could exceed the legal driving limit and be a cause for arrest. Fortunately, drivers using prescribed medical cannabis can exercise a ‘statutory medical defence’, which we’ll explain in the following section.

 

Statutory Medical Defence  

As previously mentioned, the police have the authority to stop and test any driver they suspect of being under the influence of drugs. Being pulled over can feel daunting, but as long as you’re not impaired and can prove that the medication has been prescribed, you have the right to a ‘statutory medical defence’.

If the police suspect cannabis in your system or request a roadside swab, you should calmly inform them that you’re legally prescribed medical cannabis and offer to show supporting documentation. For this reason, it’s always a good idea to carry evidence of your medical condition and prescription, such as:

  • a copy of your prescription
  • the medication in its original packaging
  • a letter from your specialist doctor
  • a form of ID

Presenting this evidence as soon as possible can help prevent further escalation. If the police still insist on testing, comply politely with the request. If you’re arrested for exceeding the limit, ask for a solicitor (ideally one specialising in motor offences) as soon as possible and inform them of your medical defence. 

However, if your blood test shows THC levels above the legal limit and you do not have a valid medical defence, you could face drug driving penalties, such as a criminal record, a driving ban, a fine, or imprisonment. 

 

Medical Cannabis and Driving UK: The Key Takeaways 

  • Never Drive if You’re Impaired: This applies to all medications. Always check your medication leaflet for information on how your medical cannabis may affect your driving ability, and do not drive if you feel drowsy, unable to concentrate, or have obscured vision. If in doubt, do not drive.

  • Follow Medical Guidance: Adhere to the prescribed dosage and be mindful of interactions with other medications.

  • You Have a Statutory Medical Defence: If you have a legitimate medical cannabis prescription and are not driving while impaired, you are entitled to a statutory medical defence. Stay calm and remember your rights.

  • Carry Evidence: Always have evidence of your prescription and medical condition. These documents can help clarify your situation if the police question you.

  • Consult a Specialist Solicitor: If arrested for exceeding the THC limit, engage a specialist motor offence solicitor as soon as possible to ensure the best outcome for your case.

Count on Parnell and Peel for Expert Legal Guidance 

Have you been arrested for drug driving while using prescribed medical cannabis? Do you need guidance on your statutory medical defence? Parnell and Peel have over 20 years of experience and are qualified to help. 

Consult one of our skilled drug driving solicitors today to receive tailored advice about your next steps. Simply call 033 03411690 or make a confidential online enquiry, and we’ll respond promptly with the best guidance for your case. 

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