Campaigners are calling for urgent reforms to legislation around cannabis and driving as patients risk criminalisation.
A new report, published by the Seed Our Future campaign, highlights the myriad of issues facing medical cannabis users on the road.
The group, which lobbies for the decriminalisation of cannabis, is calling for the removal of THC from Section 5 and reverted to Section 4 of the Road Traffic Act 1988 (RTA), where evidence of impairment would be required to convict.
Following an amendment to the RTA in March 2015, any driver who is stopped by the police can expect to be swabbed and if THC is identified, a blood test is enough to secure a conviction.
This means that anyone who has consumed cannabis within the last few days – or has been subject to passive smoking – may be over the zero-THC limit and at risk of prosecution, regardless of whether there is evidence of impairment.
According to the report, the effects of THC have generally gone after two to four hours when inhaled, longer when orally ingested. And the research conducted by Seed Our Future has found no cases of any serious vehicle accidents which conclusively shows cannabis as the primary cause.
Patients facing criminalisation
Although patients who hold a legal prescription have a right to a medical defence, this is not always taken into account and those who are unable to afford one are being criminalised and having their licences removed without any evidence of driving impairment, argues the report.
In 2021 alone, Seed our Future has supported four people with legal cases in relation to cannabis driving offences. All four suffer from long-term conditions and fit the criteria for obtaining medical cannabis prescriptions, with one holding a legal prescription at the time and two accessing one shortly after arrest.
In all cases, the subjects had taken cannabis several hours before driving and there was no evidence of any sign of driving impairment.
According to the report, in 75 per cent of the cases, the police had “no idea” that the law had changed regarding medical cannabis in 2018.
Seed our Future claims that the inclusion of cannabis in Section 5 of the RTA was based on “political and financial motivations” and not “conclusive road safety data”.
The report concluded: “The concept that a laws exists which leads to a criminal record, fines and a driving disqualification without any evidence of the defendant being a risk to road safety, whom with all likelihood is practicing their inalienable human right to health by utilising globally recognised essential medicine risks jeopardising the fabric and integrity of the judicial system and exposes the incompetence of the police force in being able to gather evidence sufficient to constitute criminal intent.”
Calls for standardisation
Guy Coxall, the groups founder is also asking for standardisation of labelling for medical cannabis prescriptions and health practitioner advice in regard to guidance for driving.
He has called on the Cannabis Industry Council to ensure all importers of cannabis-based products have the correct labelling, in line with UK regulations, and all practitioners provide advice to patients in line with guidance from the Medical Cannabis Clinicians Society (MCCS).
It states: “Patients, on higher THC products especially, should be warned not to drive or operate heavy machinery whilst under the influence of side effects of a cannabis product… Like any other medications that may cause impairment, do not drive or operate a vehicle if feel impaired or are unsure if you feel impaired and follow your physician’s advice.”
Coxall said: “This lack of standardisation places a number of UK patients in danger of criminalisation and penalties.
“We would also like to see discussions surrounding basic educational programmes for Police Officers, CPS solicitors and Judges to update on legislative changes and provide information to reduce stigma and medical and financial discrimination against medical cannabis users/patients, as identifying ways of protecting medical cannabis users who are at present unable to afford private medical prescriptions until availability is made accessible on the NHS.”
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