Driving and medical cannabis
Section 5(3)(a) of the Road Traffic Act 1988 provides a legal defense for individuals charged with driving over the prescribed limit of controlled drugs, including THC, if the drug was prescribed or supplied for medical purposes. Here’s an explanation of how this works:
1. Understanding the Law
- The UK law sets a very low threshold for THC in blood: 2 micrograms per litre (0.2 μg/mL).
- Driving with THC in your blood above this limit is usually considered an offense, even if you're not impaired.
- However, Section 5(3)(a) creates a statutory "medical defense" if:
- The drug was prescribed or supplied by a healthcare professional.
- You followed the prescribed or recommended instructions for its use*.
- You were not impaired while driving.
*it's important to check with your clinic or doctor for any advice they have published about driving.
2. Requirements to Use the Defense
To rely on this defense, you must prove all of the following:
a. Prescription Evidence:
- You must have proof that your cannabis medicine was legally prescribed (e.g., a prescription, or packaging with your name and dosage details).
b. Compliance with Dosage:
- You should be able to show that you used the medicine according to your doctor’s recommendations (e.g., frequency and amount).
c. Fitness to Drive:
- You must demonstrate that you were not impaired while driving. Even with the medical defence, driving while unfit due to drugs remains illegal under Section 4 of the Act.
- Evidence of safe driving, lack of impairment signs, and testimony from witnesses may help here.
3. Practical Implications
- If stopped by police, you may be tested for drugs. If THC is detected above the limit:
- You must inform the police that your cannabis medicine was prescribed.
- Provide evidence of your prescription or medical use.
- The police may still proceed with further investigation (e.g., a fitness-to-drive assessment).
- If charged, your defense can only be formally presented in court. The burden of proof lies on you to establish the medical defence.
4. Tips for Medical Cannabis Users
- Carry Documentation: Always have your prescription or a letter from your prescriber with you.
- Log Usage: Keep a record of your dosage and when you medicate, particularly before driving.
- Know Your Limits: Understand how your medication affects you. Avoid driving if you feel impaired, even if your blood THC level is within the legal defence range.
- Avoid Driving Soon After Use: THC levels are highest immediately after consumption, so wait a reasonable amount of time before driving.
Key Considerations
While the medical defence exists, it’s important to approach driving cautiously. Even if you have a prescription, impairment or unsafe driving can result in penalties.
Here’s a polite and clear script you can use when speaking to a police officer if you're stopped and they suspect you're over the THC limit. This focuses on asserting your legal rights while being cooperative.
Script for Police Interaction
Tips During Interaction
Section 5(3)(a) of the Road Traffic Act 1988 provides a legal defense for individuals charged with driving over the prescribed limit of controlled drugs, including THC, if the drug was prescribed or supplied for medical purposes. Here’s an explanation of how this works:
1. Understanding the Law
- The UK law sets a very low threshold for THC in blood: 2 micrograms per litre (0.2 μg/mL).
- Driving with THC in your blood above this limit is usually considered an offense, even if you're not impaired.
- However, Section 5(3)(a) creates a statutory "medical defense" if:
- The drug was prescribed or supplied by a healthcare professional.
- You followed the prescribed or recommended instructions for its use*.
- You were not impaired while driving.
*it's important to check with your clinic or doctor for any advice they have published about driving.
2. Requirements to Use the Defense
To rely on this defense, you must prove all of the following:
a. Prescription Evidence:
- You must have proof that your cannabis medicine was legally prescribed (e.g., a prescription, or packaging with your name and dosage details).
b. Compliance with Dosage:
- You should be able to show that you used the medicine according to your doctor’s recommendations (e.g., frequency and amount).
c. Fitness to Drive:
- You must demonstrate that you were not impaired while driving. Even with the medical defence, driving while unfit due to drugs remains illegal under Section 4 of the Act.
- Evidence of safe driving, lack of impairment signs, and testimony from witnesses may help here.
3. Practical Implications
- If stopped by police, you may be tested for drugs. If THC is detected above the limit:
- You must inform the police that your cannabis medicine was prescribed.
- Provide evidence of your prescription or medical use.
- The police may still proceed with further investigation (e.g., a fitness-to-drive assessment).
- If charged, your defense can only be formally presented in court. The burden of proof lies on you to establish the medical defence.
4. Tips for Medical Cannabis Users
- Carry Documentation: Always have your prescription or a letter from your prescriber with you.
- Log Usage: Keep a record of your dosage and when you medicate, particularly before driving.
- Know Your Limits: Understand how your medication affects you. Avoid driving if you feel impaired, even if your blood THC level is within the legal defence range.
- Avoid Driving Soon After Use: THC levels are highest immediately after consumption, so wait a reasonable amount of time before driving.
Key Considerations
While the medical defence exists, it’s important to approach driving cautiously. Even if you have a prescription, impairment or unsafe driving can result in penalties.
Here’s a polite and clear script you can use when speaking to a police officer if you're stopped and they suspect you're over the THC limit. This focuses on asserting your legal rights while being cooperative.
Script for Police Interaction
- Initial Stop
- If asked if you’ve consumed any drugs: “I am a legal medical cannabis patient. My medicine is prescribed by a licensed doctor in the UK. I follow my prescription responsibly and only drive when I feel fit and capable.”
- If Asked About THC Levels
- If they mention THC limits: “I understand there is a legal limit for THC in the blood. However, Section 5(3)(a) of the Road Traffic Act provides a medical defense for patients like me. My use of THC is under medical supervision, and I follow my prescribed dosage carefully.”
- If Asked for Evidence
- Be ready to show proof: “I have my prescription details with me.”
(Hand over a copy of your prescription, a doctor’s letter, or labeled packaging showing your name.)
“This confirms that my medicine is prescribed for my medical condition.”
- Be ready to show proof: “I have my prescription details with me.”
- If They Proceed with a Drug Test
- Remain calm and cooperative: “I understand you’re following protocol, and I’m happy to comply. However, I want to emphasize that I am not impaired and am legally protected by the medical defense under the Road Traffic Act.”
- If Arrested or Taken for Further Testing
- Stay composed and assert your rights: “I understand, and I will cooperate fully. However, I’d like to note that my use of THC is medical, prescribed, and lawful. I’d also like to make it clear that I feel fully fit to drive and not impaired.”
- If Asked to Make a Statement Later
- Keep it brief and factual: “I am a medical cannabis patient with a legal prescription. I use my medication responsibly and only drive when I am fit and unimpaired. My THC levels may exceed the legal limit due to my prescription, but I rely on the medical defense under Section 5(3)(a) of the Road Traffic Act.”
Tips During Interaction
- Be Respectful: Always stay polite and cooperative.
- Stay Calm: Avoid showing anxiety or frustration, as it could be misinterpreted as impairment.
- Stick to the Facts: Don’t volunteer unnecessary information about when or how much you medicated.
- Document the Encounter: Afterward, write down everything that happened for your records.