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Medical Cannabis and Driving

September 20, 2023 by motoroffence in category Drug Driving with 0 and 0
Home > Drug Driving > Medical Cannabis and Driving

Medical cannabis use

Despite the introduction in 2018 of NHS prescribed legal cannabis use for medical purposes, it was revealed last week that only 5 patients had been prescribed cannabis via the NHS. The news of these shockingly low numbers also revealed the growing numbers of patients who have taken to purchasing medically prescribed cannabis on a private basis. However, the cost of private prescriptions is not the only cost you need to have on your radar.

With a growing body of evidence supporting its therapeutic potential, medical cannabis has become a beacon of hope for those suffering from chronic pain, epilepsy, and various other medical conditions. While it has undoubtedly transformed lives, there’s a road less travelled that we must tread with caution – the intersection of medical cannabis and driving.

Even with a prescription for cannabis for medicinal purposes, there remains a significant risk of being over the prescribed limit of 2µg per/L of blood whilst driving that could see you being prosecuted and convicted of a criminal offence of drug driving and a minimum mandatory disqualification of 12 months and unlimited fine that is calculated by reference to the offender’s net weekly income.

Risks and Benefits

Medical cannabis has shown remarkable efficacy in managing chronic pain, reducing seizures in epilepsy patients, and alleviating symptoms of conditions like multiple sclerosis and Crohn’s disease. With such potential, it’s no wonder that more and more individuals are turning to medical cannabis for relief.

However, although medical cannabis holds great promise, there’s a cloud of concern hovering over its use when it comes to operating a vehicle. Here are some of the key reasons why mixing medical cannabis and driving can be a dangerous cocktail:

  1. Impairment: Just like alcohol, cannabis can impair a person’s cognitive and motor skills. The active compound in cannabis, THC (tetrahydrocannabinol), can affect judgement, coordination, and reaction time. When these faculties are compromised, the risk of accidents on the road significantly increases.
  2. Variability of Effects: Unlike some pharmaceutical medications with standardized dosages, the effects of medical cannabis can vary greatly from person to person. This unpredictability makes it challenging for individuals to gauge how it will affect their ability to drive safely.
  3. Mixing Substances: Some patients may use multiple medications, including medical cannabis, to manage their conditions. The interaction between cannabis and other drugs can exacerbate impairment, further increasing the risk of accidents.

Defences to use of medicinal cannabis drug driving

If defending a charge on the basis that you were prescribed the cannabis for medicinal or dental purposes, this in itself will not be a defence. You would also have to show:

  • You took the cannabis in accordance with the instructions given by the supplier/ prescriber and the manufacturer/distributor; AND
  • the possession of the drug was lawful.

However, there will likely be a whole host of additional technical and legal defences available to a charge that are not linked to the fact you were taking a medically prescribed form of cannabis. If avoiding a ban and criminal record are paramount to you, we urge you to get in touch so we can explore your options with you in more detail.

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