Case study REX v Saleem Aziz Acquitted Cleared in court: a medical cannabis patient’s drug driving appeal Sal Aziz was stopped by police, charged, and convicted. Then the Crown Court overturned it. Here is what happened, what the law really says, and what it means for patients, police, lawyers, and the courts. PatientsCann UK Drug driving and the medical defence Winchester Crown Court, 10 February 2026 Read the full report (PDF) On this page The story What happened The law Four myths Medical and science The evidence Why it was won What is broken Guidance Case file References This is not legal or medical advice This is a personal account and a public resource, based on real case papers, public reports, and the author’s understanding of the law. If you face a drug driving charge, get advice from a qualified solicitor and your medical team where you can. This case is a strong example, but every case turns on its own facts and evidence. The case at a glance Blood THC 3.6 micrograms per litre of blood, over the 2 microgram limit. Charges Two, under sections 4 and 5A of the Road Traffic Act 1988. Hearings Three court hearings before the right result was reached. Outcome Cleared. The conviction was overturned at the Crown Court. Overview The story in short Sal Aziz is a patient who is legally prescribed medical cannabis. In March 2024, police stopped the car he was driving as friends were being taken home from an event. He passed the roadside alcohol test. He told the officer straight away that he was a prescribed patient. A roadside drug swab showed cannabis, and he was asked to do a set of roadside tasks called a Field Impairment Test. He was arrested. A blood test later showed 3.6 micrograms of THC per litre of blood. The legal limit is 2 micrograms per litre. He was charged under two parts of the Road Traffic Act 1988: section 4 (driving while unfit) and section 5A (driving over the drug limit). The magistrates’ court dropped the section 4 charge but found him guilty of the section 5A offence. He was fined and banned from driving for 36 months. He appealed. On 10 February 2026, at Winchester Crown Court, Sal Aziz was cleared. The prosecution could not prove, beyond reasonable doubt, that his medical defence did not apply. The prosecution had argued his medicine was unlawful because more than 30 days had passed since the prescription, and because it was past its labelled use-by date. The court rejected this. The pharmacist expert, Umesh Chauhan, agreed that the “30 days” idea is best-practice guidance, not criminal law. The judge compared it to drinking milk after its best-before date. Passing the date does not make it unlawful to use. Crown Court reasoning, as described in the report Step by step What happened 1 About seven months before the stop A separate police encounter about his prescribed cannabis caused him serious distress. NHS notes record shaking, anxiety, and a hospital visit. Police contact was a known trigger for his physical symptoms. 2 31 March 2024: the stop On the A303, his car was stopped as part of an operation on vehicles leaving an event. There was no crash and no problem with his driving. The officer noted that he seemed nervous and shaky. 3 The roadside tests The alcohol breath test was negative. The roadside drug swab showed cannabis. He told the officer at once that he was a prescribed patient. He was then asked to do the Field Impairment Test: an eye check, a balance test, walking in a line, and touching his nose. 4 The arrest The officer treated the shaking and balance problems as signs of drug impairment. But these are also listed in his medical notes as symptoms of anxiety. He was arrested and his prescribed cannabis, in its labelled packet, was found. No proper interview about his condition took place. He was released to wait for blood results. 5 The blood result The blood test showed 3.6 micrograms of THC per litre of blood. This was over the 2 microgram limit. Nothing else was found. 6 The magistrates’ court The section 4 (unfit) charge was dropped. He was convicted of the section 5A (over the limit) charge. The court wrongly accepted that the medical defence did not apply because the medicine was “expired” or used beyond 28 to 30 days. He was fined and banned from driving for 36 months. 7 The appeal He appealed to the Crown Court, arguing that the medical defence applied. He brought prescription records, NHS notes, expert pharmacist evidence, and the science on THC. 8 10 February 2026: the result The appeal was allowed. The conviction was overturned. The prosecution had not disproved the medical defence. Plain English The law, in plain words Two parts of the Road Traffic Act 1988 matter here. They ask different questions, and it helps to keep them apart. Section 5A: over the drug limit It is an offence to drive with a named drug above a set limit in your blood. For cannabis, the limit is 2 micrograms of THC per litre of blood. This is a strict offence: the prosecution does not have to prove your driving was actually affected. The limit is set by the Drug Driving (Specified Limits) (England and Wales) Regulations 2014. Section 4: unfit through drugs This is a different offence. Here the prosecution must prove that your driving was actually impaired, and that a drug caused that impairment. This usually rests on observations, the Field Impairment Test, and expert evidence. The medical defence (section 5A(3)) If you are a lawful patient, you have a defence to the section 5A offence. You need to show three things. 1 It was prescribed or supplied for a medical reason For a medical or dental purpose. Self-medication or illegal use does not count. 2 You took it as directed This means following advice about driving after use,

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