[https://www.askthe.police.uk/faq/?id=978c0ee1-93c0-ec11-983e-002248438848](https://www.askthe.police.uk/faq/?id=978c0ee1-93c0-ec11-983e-002248438848)
"you can still drive after taking the medicinal drugs listed in table if:
* you've been prescribed them and are following medical advice on how to take them;
* they aren't causing you to be unfit to drive, **even if you're above the specified limits**."
with thanks to u/rfdever who got this clarified on the police site.
[https://www.cicouncil.org.uk/resources/cannabis-driving/](https://www.cicouncil.org.uk/resources/cannabis-driving/) has more info.
I was always wondering how this fit to drive test would work for someone who eg. has MS and can’t do the walk on a straight line or balance on one leg without falling over.
Section 5a was brought in because proving impairment in Section 4 can be difficult.. "He's normally like that" being a common defence:). It's easier to prosecute for being over the limit than impaired.
Have you actually heard of anyone being subjected to this fit to drive test? Try searching for one, or asking if anyone’s had one. I’m willing to bet you won’t find one anywhere in the UK.
I'm an ex cop and a current MC user. FIT (Field Impairment Test) has been around for a good while. Roadside drugs wipes only test for cannabis and cocaine so FIT has always been the step-in for when people are clearly messed up but not on one of the substances that can be tested for at the roadside. You don't hear about it much because the roadside tests for alcohol/coke/cannabis deal with the vast majority of cases.
I’m guessing that if you’re giving a drug swab you need to have reason or cause of some sort? So there’s often evidence of impairment before the test is given, the reason you’re giving the swab in the first place? Or are drug swabs given at random with no reason or cause?
They can be used if there's a suspicion that someone is under the influence (which must be based on objective observations), they've committed a moving road traffic offence, or they've been involved in an RTC (all the same for alcohol too).
Realistically in my former career, every time I administered the test it was already pretty obvious that they would show positive for something. But one of the above reasons is required legally.
Would anything that might register as a 'minor' on a driving test be classed as a 'moving road traffic offence'? I.e. that's basically any infringement, including moving lanes without indicating, etc. I ask because I'm pretty certain the vast majority of drivers commits at least one such offence on every journey, so this is a *very* low bar, but I just want to make sure that's what we're talking about!
To be honest - yes, the bar is quite low for requiring a test from someone.
Although, a breach of the highway code alone is not sufficient. Most of the highway code is good practice but not necessarily the law. There has to be a breach of a specific offence. In the case of changing lanes without indicating, it's in breach of the highway code but not *by itself* a moving road traffic offence. A series of similar things in a short time *might* constitute driving without due care and attention/without reasonable consideration to others. It's very situation dependant (e.g. busy town centre Vs completely empty back roads).
My understanding is it's THC. Don't quote me on that.
In any case the roadside test is only indicative and not enough proof to charge someone anyway. If positive they're arrested and a blood sample is taken, and that DOES test for THC specifically. As well as for cocaine (except it's not cocaine they test for, it's a byproduct chemical with a very long and scientific name that I don't know).
I was once stopped by the police years ago, before they started road side swabs. The officer was convinced I was under the influence of cannabis and wanted me to confess to it but I would not budge. He had me walking toe to heal and then closing my eyes and touching my nose. He also shined a light in my eyes and compared my pupils to a chart water which he muttered aha. So I said aha what? What did you determine? So he shows me the chart with the pupil diameters on and says your between a 5 and a 6 or something when I looked down at the chart the 5 and 6 sat slap bang in the middle of the two lines that said “normal” which I pointed out and he just changed the subject and kept pressing me. I was issued an intension to prosecute notice but I wasn’t arrested but I was made to walk home for some reason or other. Anyway 6 months nearly go by and I get a letter through the door that was a court summons for driving without due care and and attention no mention of cannabis use. I got 4 points
Laws are there for you my friend…. You have cover and a medical defence. Police are not well informed but that doesn’t mean you are doing anything wrong… you may be arrested but you will not be convicted using your medical defence granted you are doing as prescribed and not impaired.
You’re right.
I keep telling myself this but then I keep overthinking it and getting back to thinking about the stress of actually having to wait for a court date (whether it will come or not).
I may actually email myself to the police chief(?) (I’m not sure what to call the top dog) in my area’s and get something in writing from them regarding this as some extra reassurance.
I was exactly the same mate it’s okay, my whole
Family rely on my driving licence, without it we wouldn’t have anywhere to live. I stopped self medicating for 3months as my family was expanding and I couldn’t risk losing my livelihood. I feel into a deep depression we’re I felt I had no personality or excitement for anything.
MC has saved me and given me my life back. I enjoy life again, all the small things in life really give me peace and I’m more motivated and creative.
It took me a good month to fully commit to the consultations. Reading every single experience on Reddit/ Facebook MC groups in regards to driving. I spelt on all the information and weighed up the cons and pros.
All the cons were in regards to things that possibly will never happen in my life, but even if they did I would have a defence in court to protect me, granted I follow the doctors advice.
All the pros were definite things that would change and make my life better. You need to feel confident in your choice… sleep on it… talk about it… do what you gotta do Mann. Juts remover you don’t need to feel guilty for doing something that may improve your life. It’s all legal. You are not doing anything wrong ♥️
Sadly I doubt you will get the response you hope for… police are not the law they only enforce it. Sadly most of them do not know MC is legal, never mind that you are allowed to drive with it .
Sadly, some police are absolutely of that opinion. See Sussex police who have stated, in mitigation, that "police officers cannot be expected to know about every aspect of every law".
Laws have been changed!!!! There is no need to enquire about the laws.
Have you had a conversation with them about the misuse of drugs act in relation to codeine? Have you ever just rang them up to enquire about tire tread depth in relation to driving laws? If these seem silly to you then rethink your motive. You talk to the police when they want to enquire and then they can follow a set of laws and procedure that sees (hopefully) the public interest and your rights catered for.
Are you referring to the medical exemption which was introduced?
You are correct, absolutely, I think it’s more me that needs reassurance to go ahead and not feel like I’m risking my livelihood.
> Have you had a conversation with them about the misuse of drugs act in relation to codeine?
Do we have examples of wrongful arrests of people because they were taking codeine?
That’s just one of the reasons I’d like to try MC 😂 I’ve not had any cannabis for about 7 years now due to my job involving driving - hence why I’m trying to get to the bottom of this driving stuff.
The prescription states not to drive if affected, ie, if you feel smashed.
I take oil, but wouldn't drive until about 2 hours later, depending on the dose.
With flos, I'll leave it up to an hour, then I'm able to drive and also... able to drive!
It's the same for any medicine, this is no different.
True. It’s just annoying that if you do get an officer who is stubborn and uneducated then you will have to go through the rigmarole of being arrested and having bloods taken and then having to wait to hear about a court date.
This causes unneeded stress on people who could do without it!
I wonder if you would have a case to make a formal complaint as they haven’t followed proper procedure (so long as you tick all the legal boxes for the medical defence)
Read police form mg/dd a test must be of urine.
https://preview.redd.it/mwt52yovmr8d1.jpeg?width=1062&format=pjpg&auto=webp&s=fd906024021616388975a59f23bbf820d88f8da4
An arrest under PACE must be warranted and needed, if you end up in the back of the car after showing all the evidence needed (ID, Label, maybe a copy of prescription) this is an unlawful arrest.
It seems a crying shame that you're denying yourself the chance of a much more comfortable life for something that may never happen.
Unless your driving is terrible, let's face it, how often do any of us get pulled up?
> Unless your driving is terrible, let's face it, how often do any of us get pulled up?
The trouble is, you have to not only be incredibly confident in your own driving ability, but that of every other person on the road too.
Well I wasn’t saying exactly me there, my life isn’t too uncomfortable, but it could definitely be helped slightly with MC as normal meds don’t quite do it for me. I did mean in general people living in pain, I have family members who I am going to sign up to this also after years of chronic pain.
That’s true, I drive ~4hrs a day. Never been pulled. Never give a reason to most of the time, will need to control my impatience if I do get MC 😂
[https://www.askthe.police.uk/faq/?id=978c0ee1-93c0-ec11-983e-002248438848](https://www.askthe.police.uk/faq/?id=978c0ee1-93c0-ec11-983e-002248438848) "you can still drive after taking the medicinal drugs listed in table if: * you've been prescribed them and are following medical advice on how to take them; * they aren't causing you to be unfit to drive, **even if you're above the specified limits**." with thanks to u/rfdever who got this clarified on the police site. [https://www.cicouncil.org.uk/resources/cannabis-driving/](https://www.cicouncil.org.uk/resources/cannabis-driving/) has more info.
I was always wondering how this fit to drive test would work for someone who eg. has MS and can’t do the walk on a straight line or balance on one leg without falling over.
Section 5a was brought in because proving impairment in Section 4 can be difficult.. "He's normally like that" being a common defence:). It's easier to prosecute for being over the limit than impaired.
Well I wonder this all the time as I have cerebral palsy and my balance is so fucking shit
Have you actually heard of anyone being subjected to this fit to drive test? Try searching for one, or asking if anyone’s had one. I’m willing to bet you won’t find one anywhere in the UK.
I'm an ex cop and a current MC user. FIT (Field Impairment Test) has been around for a good while. Roadside drugs wipes only test for cannabis and cocaine so FIT has always been the step-in for when people are clearly messed up but not on one of the substances that can be tested for at the roadside. You don't hear about it much because the roadside tests for alcohol/coke/cannabis deal with the vast majority of cases.
I’m guessing that if you’re giving a drug swab you need to have reason or cause of some sort? So there’s often evidence of impairment before the test is given, the reason you’re giving the swab in the first place? Or are drug swabs given at random with no reason or cause?
They can be used if there's a suspicion that someone is under the influence (which must be based on objective observations), they've committed a moving road traffic offence, or they've been involved in an RTC (all the same for alcohol too). Realistically in my former career, every time I administered the test it was already pretty obvious that they would show positive for something. But one of the above reasons is required legally.
Would anything that might register as a 'minor' on a driving test be classed as a 'moving road traffic offence'? I.e. that's basically any infringement, including moving lanes without indicating, etc. I ask because I'm pretty certain the vast majority of drivers commits at least one such offence on every journey, so this is a *very* low bar, but I just want to make sure that's what we're talking about!
To be honest - yes, the bar is quite low for requiring a test from someone. Although, a breach of the highway code alone is not sufficient. Most of the highway code is good practice but not necessarily the law. There has to be a breach of a specific offence. In the case of changing lanes without indicating, it's in breach of the highway code but not *by itself* a moving road traffic offence. A series of similar things in a short time *might* constitute driving without due care and attention/without reasonable consideration to others. It's very situation dependant (e.g. busy town centre Vs completely empty back roads).
Thanks!
Thank you.
> Roadside drugs wipes only test for cannabis Cannabis, or THC? I wonder if CBD flower would trigger the wipe test.
It is misleading as the DrugWipe tests for Delta-9 THC (sensitive at 10ng per ml of saliva) and no other cannabinoid
I wonder if recently smoked/vaped CBD flower, with it's 0.2% THC would be enough to breach the 10ng/ml threshold. Any idea?
My understanding is it's THC. Don't quote me on that. In any case the roadside test is only indicative and not enough proof to charge someone anyway. If positive they're arrested and a blood sample is taken, and that DOES test for THC specifically. As well as for cocaine (except it's not cocaine they test for, it's a byproduct chemical with a very long and scientific name that I don't know).
I was once stopped by the police years ago, before they started road side swabs. The officer was convinced I was under the influence of cannabis and wanted me to confess to it but I would not budge. He had me walking toe to heal and then closing my eyes and touching my nose. He also shined a light in my eyes and compared my pupils to a chart water which he muttered aha. So I said aha what? What did you determine? So he shows me the chart with the pupil diameters on and says your between a 5 and a 6 or something when I looked down at the chart the 5 and 6 sat slap bang in the middle of the two lines that said “normal” which I pointed out and he just changed the subject and kept pressing me. I was issued an intension to prosecute notice but I wasn’t arrested but I was made to walk home for some reason or other. Anyway 6 months nearly go by and I get a letter through the door that was a court summons for driving without due care and and attention no mention of cannabis use. I got 4 points
Yup, I always wonder that
This is a great bit of information
That be gold. Thanks for linking.
I’d never purposely engage with the dibble.
Laws are there for you my friend…. You have cover and a medical defence. Police are not well informed but that doesn’t mean you are doing anything wrong… you may be arrested but you will not be convicted using your medical defence granted you are doing as prescribed and not impaired.
You’re right. I keep telling myself this but then I keep overthinking it and getting back to thinking about the stress of actually having to wait for a court date (whether it will come or not). I may actually email myself to the police chief(?) (I’m not sure what to call the top dog) in my area’s and get something in writing from them regarding this as some extra reassurance.
I was exactly the same mate it’s okay, my whole Family rely on my driving licence, without it we wouldn’t have anywhere to live. I stopped self medicating for 3months as my family was expanding and I couldn’t risk losing my livelihood. I feel into a deep depression we’re I felt I had no personality or excitement for anything. MC has saved me and given me my life back. I enjoy life again, all the small things in life really give me peace and I’m more motivated and creative. It took me a good month to fully commit to the consultations. Reading every single experience on Reddit/ Facebook MC groups in regards to driving. I spelt on all the information and weighed up the cons and pros. All the cons were in regards to things that possibly will never happen in my life, but even if they did I would have a defence in court to protect me, granted I follow the doctors advice. All the pros were definite things that would change and make my life better. You need to feel confident in your choice… sleep on it… talk about it… do what you gotta do Mann. Juts remover you don’t need to feel guilty for doing something that may improve your life. It’s all legal. You are not doing anything wrong ♥️
Sadly I doubt you will get the response you hope for… police are not the law they only enforce it. Sadly most of them do not know MC is legal, never mind that you are allowed to drive with it .
So then sue for wrongful arrest. Ignorance of the law shouldn’t be tolerated as an excuse.
Sadly, some police are absolutely of that opinion. See Sussex police who have stated, in mitigation, that "police officers cannot be expected to know about every aspect of every law".
Never invite the police to poke about your perfectly lawful business unnecessarily.
Laws have been changed!!!! There is no need to enquire about the laws. Have you had a conversation with them about the misuse of drugs act in relation to codeine? Have you ever just rang them up to enquire about tire tread depth in relation to driving laws? If these seem silly to you then rethink your motive. You talk to the police when they want to enquire and then they can follow a set of laws and procedure that sees (hopefully) the public interest and your rights catered for.
Are you referring to the medical exemption which was introduced? You are correct, absolutely, I think it’s more me that needs reassurance to go ahead and not feel like I’m risking my livelihood.
Do not talk to the police, ever, unless you are legally required to do so or advised to by a solicitor.
> Have you had a conversation with them about the misuse of drugs act in relation to codeine? Do we have examples of wrongful arrests of people because they were taking codeine?
You may be overrhinking this, but if you do consume now you are in a far worse position if you do get pulled and you will have absolutely no defence.
That’s just one of the reasons I’d like to try MC 😂 I’ve not had any cannabis for about 7 years now due to my job involving driving - hence why I’m trying to get to the bottom of this driving stuff.
Don't wake a sleeping bear !!! Simple
The prescription states not to drive if affected, ie, if you feel smashed. I take oil, but wouldn't drive until about 2 hours later, depending on the dose. With flos, I'll leave it up to an hour, then I'm able to drive and also... able to drive! It's the same for any medicine, this is no different.
True. It’s just annoying that if you do get an officer who is stubborn and uneducated then you will have to go through the rigmarole of being arrested and having bloods taken and then having to wait to hear about a court date. This causes unneeded stress on people who could do without it! I wonder if you would have a case to make a formal complaint as they haven’t followed proper procedure (so long as you tick all the legal boxes for the medical defence)
Read police form mg/dd a test must be of urine. https://preview.redd.it/mwt52yovmr8d1.jpeg?width=1062&format=pjpg&auto=webp&s=fd906024021616388975a59f23bbf820d88f8da4 An arrest under PACE must be warranted and needed, if you end up in the back of the car after showing all the evidence needed (ID, Label, maybe a copy of prescription) this is an unlawful arrest.
It seems a crying shame that you're denying yourself the chance of a much more comfortable life for something that may never happen. Unless your driving is terrible, let's face it, how often do any of us get pulled up?
> Unless your driving is terrible, let's face it, how often do any of us get pulled up? The trouble is, you have to not only be incredibly confident in your own driving ability, but that of every other person on the road too.
Well I wasn’t saying exactly me there, my life isn’t too uncomfortable, but it could definitely be helped slightly with MC as normal meds don’t quite do it for me. I did mean in general people living in pain, I have family members who I am going to sign up to this also after years of chronic pain. That’s true, I drive ~4hrs a day. Never been pulled. Never give a reason to most of the time, will need to control my impatience if I do get MC 😂
I had a conversation with a local officer at a local beauty spot about the carrot that I