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Glossary

Driving and Medical Cannabis

Patients prescribed medical cannabis in the UK may be able to rely on a statutory medical defence under section 5A of the Road Traffic Act 1988 if they are tested for drug driving, but only where they are not impaired and are taking the medication as prescribed. The defence is not automatic, and whether it applies is decided on a case-by-case basis.

Key Takeaways

  • A statutory medical defence may be available to UK patients prescribed medical cannabis, but it is not guaranteed and depends on the circumstances

  • For this defence to be potentially relevant, the medical cannabis must be prescribed by a specialist, taken as directed, and the driver must not be impaired

  • Meeting the above criteria does not guarantee the defence will be accepted by the courts.

  • Patients should carry evidence of their prescription when driving (a Releaf medical cannabis card may help)

  • The DVLA requires notification of certain medical conditions but not all prescriptions. Consult your specialist

  • Even with a valid prescription, driving while impaired remains a criminal offence.

Can You Drive with a Medical Cannabis Prescription?

A prescription does not give you an automatic right to drive, and it does not stop the police from carrying out a roadside test, an arrest or an investigation. 

What it may do is open a statutory medical defence. If a roadside test detects THC above the standard limit (2µg/L), a patient may be able to raise this defence where they were not impaired and were taking the medication as prescribed.

Whether it succeeds is determined on the facts of each case. The police and CPS may consider the circumstances during an investigation, but any disputed legal defence is ultimately a matter for the courts, so it should not be relied on as a guaranteed legal defence. If the authorities can prove that you are actually impaired by your medication, whether prescribed or not, you can be charged with drug driving regardless of any defence. 

Carrying Proof of Prescription

If you are stopped by the police and questioned:

  • Having a copy of your prescription readily available can help resolve the situation quickly. 

  • Many Releaf patients carry their medical cannabis card, which provides quick verification of prescription status.

  • Eligible Releaf+ patients can also use Releaf Protect, a legal guidance helpline provided by Irwin Mitchell Solicitors, for practical, situation-specific guidance when their prescription is questioned.

For comprehensive guidance on the law, DVLA rules, and practical advice for patients, see: Medical Cannabis, the DVLA and Prescribed Medicines.

Further Reading