Can You Drive After Taking Medically Prescribed Cannabis?

If you are worried if you can take medically prescribed cannabis, this article will guide you around the legislation and considerations. Up until the 1^st November 2018 cannabis was illegal in the UK. However, following increased public pressure regarding the potential benefits of this drug cannabis was legalised for medical use.

Driving whilst over the specified legal limit for a drug is a criminal offence in the UK, and cannabis represents one of the listed drugs with a specific limit. Driving after taking medically prescribed cannabis therefore presents a contradiction in the law. On the one hand its use has been legalised whilst on the other you could be convicted and sentenced as a result of your legal use putting you over the limit when driving.

This article will consider the legislation surrounding drug driving offences and the manner in which you may be able to present a defence if you are prescribed the drug for medical reasons.

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Send us a message or call us on 0333 443 2366 for friendly advice

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What Is Drug Driving?

Drug driving is an offence that is committed when a person drives a motor vehicle on a road or in a public place whilst over the specified legal limit for that drug. The offence is outlined under Section 5A of the Road Traffic Act 1988 and it includes instances in which an offender is ‘in charge’ of a vehicle even if the vehicle is not actually being driven.

When trying to determine if the offence has been committed the police will look to obtain either a blood or urine sample from you so that they can test for the presence of a drug and determine its levels within your system.

What Are The Specified Legal Limits?

There are around 16 controlled drugs with legal limits in the UK and each drug has its own limit as set down by The Drug Driving (Specified Limits) (England and Wales) Regulations 2014 No 2868. The limits for these range of controlled drugs (in blood) are:

• Benzoylecgonine                                 50
• Clonazepam                                        50
• Cocaine                                               10
• Delta-9-Tetrahydrocannabinol              2
• Diazepam                                            550
• Flunitrazepam                                     300
• Ketamine                                             20
• Lorazepam                                          100
• Lysergic Acid Diethylamide                 1
• Methadone                                          500
• Methylamphetamine                           10
• Methylenedioxymethamphetamine     10
• 6-Monoacetylmorphine                        5
• Morphine                                             80
• Oxazepam                                           300
• Temazepam                                        1000

The legal limits referenced seem to vary massively from drug to drug, however, in reality these limits represent trace levels for each of the drugs in question. It is extremely difficult to predict how a specific drug will affect each person and the levels or duration that the drug will stay within their system.

For the likes of cannabis (Delta-9- Tetrahydrocannabinol) 2ug/l is an extremely low amount that could still be present in someone’s system days after consumption. If you are medically prescribed cannabis there is a good chance that you would therefore be over the limit when driving.

Is There A Defence If I Am Prescribed Cannabis?

As you may have noticed, many of the above controlled drugs are used by medical professionals and can be prescribed to the general public. As a result of this, there is an exception to the offence of drug driving if the drug has been prescribed. Section 5A(3) of the Road Traffic Act 1988 states that:

It is a defence for a person (“D”) charged with an offence under this section to show that—

• the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,

• D 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

• 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).

The need for the drug to be taken in line with directions provided and to have been obtained through legal means restricts this defence to clear cases of prescribed use. The legislation is written to avoid the exception being abused and to ensure any overuse or misuse is still punished.

Section 5A(4) of the same act adds clarity to these restrictions by detailing a specific requirement to wait any pre-determined time before driving following consumption of the drug. If the drug in question could cause a level of impairment, then it is assumed that the prescription would come with a warning to not drive until the impairment has alleviated.

The recent legalisation of cannabis for medical purposes means that it now falls within the remits of this statutory defence. The legal limit for cannabis is so low that many people will no longer be feeling the effects but could still be over the limit. Following instructions provided by those who prescribe the drug if therefore of vital importance.

______________________________________________________________________

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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What About CBD Products?

Cannabidiol or CBD is a chemical found within the cannabis plant. It is possible to purchase CBD products over the counter or even on the internet. These generally come in the form of an oil or tablet and are said to have a range of medical benefits. The content of each product can vary but they will all share one similarity; they don’t contain the psychoactive component of cannabis Delta-9-Tetrahydrochanibanol (THC). It is this component that would put you over the legal limit and you cannot freely buy products that contain this in the UK.

There is often confusion when people have bought CBD products in a shop and then find themselves charged with a drug driving offence. It is important to remember that CBD is not what the police test for, despite it being part of the cannabis plant.

In some cases, there have been reports that CBD oils have been purchased online and, without the knowledge of the purchaser, have contained the illegal THC component. These cases are rare as the sale of such a product would be illegal and is highly regulated. It is most common to find these errors by purchases made on the ‘black market’. It may be possible to present some form of special reason argument in a case such as this.

How Can You Be Prescribed Medical Cannabis?

Medical cannabis can be prescribed by the NHS or a by way of private prescription. Prescriptions of this nature are limited and are usually given to those suffering with:

• Rare or severe forms of epilepsy;
• Vomiting or nausea caused by chemotherapy; and
• Muscle spasms or stiffness from multiple sclerosis.

Most members of the general public will not fulfil the requirements for a cannabis prescription and certainly not one which contains the psychoactive component THC. Doctors will consider this type of prescription as a last resort when other more conventional drugs have not worked.

If you are prescribed medical cannabis then it is very important to keep any original packaging that shows the dispensing label and information relating to the drug. Any prescriptions letters or diagnosis letters should also be retained as these can be useful in the unfortunate case that you are charged.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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Driving And Impairment

You are legally able to drive if you have taken medically prescribed cannabis and should you be charged, there would be a statutory defence available to you. However, you must always consider whether you are physically impaired as a result of the drug taken regardless of any instructions provided by a doctor or the existence of a prescription.

Whether you are over a legal limit or not you can be prosecuted for driving a vehicle whilst under the influence of drink or drugs and this is outlined within Section 4 of the Road Traffic Act 1988.

The existence of the drug in your system must still be proven, but there is no requirement for you to be over a limit. In these cases, the concern surrounds your ability to drive safely and properly at the time when taking into account any impairment.

The police will usually conduct some form of impairment test with you at the roadside to determine if you are safe to drive or not. Failing this test as well as having a drug like THC in your system is enough to be charged and potentially convicted of an offence. It is doubtful that you could mount any successful defence based upon a prescription or legal consumption of the drug.

______________________________________________________________________

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

_______________________________________________________________________

Conclusion

Many people are prescribed drugs by their GP or doctor and can be required to take these on a daily basis. THC, as a product of the cannabis plant, is slowly making its way into the list of prescribed drugs following a recent change in its legalisation.

As we are in the early stages of this change in the law, the police and courts are still very wary of those over the limit for THC. Most police officers would proceed to take a blood sample from you if you confirmed that you had consumed cannabis before driving regardless of any prescription you may have. It can therefore be important to prepare a robust defence to any charge brought if you have complied with all requirements relating to obtaining and consuming this drug.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0333 443 2366 for a free consultation.

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Neil Davies

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I am a criminal lawyer with over 25 years of experience and specialising in the defence of Road Traffic (driving) prosecutions and the founder and Senior Partner of Caddick Davies Solicitors.

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