Cannabis and Driving:
#facts #medicalcannabis
It's really simple:
A patient in possession of a valid prescription or a supporting letter from their specialist is considered to be in lawful possession of a controlled drug, and therefore is not committing an offence under section 5(1) of the Misuse of Drugs Act 1971, which prohibits the unlawful possession of controlled substances. This lawful possession is authorised by Regulation 4(1) and Regulation 10(1) of the Misuse of Drugs Regulations 2001, which provide exemptions for individuals in possession of a controlled drug supplied in accordance with a prescription issued by a practitioner permitted to prescribe it.
The supporting letter from the prescribing clinic acts as evidential confirmation that the cannabis-based medicine has been lawfully supplied in accordance with these Regulations. If a police officer were to raise concerns following a positive test for cannabis, the patient may rely upon this documentation to demonstrate that their possession and use fall within the medical exemption established under the Misuse of Drugs Regulations 2001.
Police officers, once presented with such evidence, are expected to verify the legitimacy of the prescription and to treat the matter as one of lawful medical use, rather than criminal possession.
Driving with a prescribed cannabis-based medicinal product is separately regulated under section 5A of the Road Traffic Act 1988 and the Drug Driving (Specified Limits) (England and Wales) Regulations 2014. Section 5A(1) creates the offence of driving or being in charge of a motor vehicle with a specified controlled drug in the body above the prescribed limit.
However, subsection (3) provides a “medical defence” where the drug in question has been lawfully prescribed, supplied, or administered, and the individual has taken it in accordance with medical or pharmacist directions. This defence does not apply if the person’s driving is impaired as a result of the drug, but it does protect those who are merely registering a positive result due to legitimate, prescribed use.
Accordingly, when a patient who has been prescribed a cannabis-based medicinal product is stopped or tested by the police, the correct and lawful course of action is to present the prescription or the verification letter from their clinic.
These documents confirm that the product is a Schedule 2 cannabis-based medicinal product for human use, prescribed under the authority of the Misuse of Drugs Regulations 2001.
The patient should also carry the original pharmacy packaging or prescription label displaying their name and the prescribing specialist’s details, as this further substantiates the legitimacy of the medicine.
In conclusion, although cannabis itself remains a Class B controlled substance under the Misuse of Drugs Act 1971, an individual who uses a cannabis-based product as prescribed by a specialist doctor is acting within the bounds of UK law.
Possession in these circumstances is authorised under the Misuse of Drugs Regulations 2001, and the supporting clinic documentation serves as clear proof of lawful medical use.
A positive drug-test result for cannabis, in the absence of impairment or unlawful supply, does not amount to an offence when the medicine has been prescribed, possessed, and used in accordance with statutory medical provisions.
The lawfulness of both possession and the availability of the medical defence to driving depend upon compliance with the prescription, adherence to medical advice, and the ability to produce valid documentary evidence when requested.
Hope this helps.
Sarah x
