Driving over the legal limit for cannabis carries a mandatory 12 month driving ban and, in more serious cases, a risk of imprisonment. The legal limit is set very low, and THC can remain detectable in the bloodstream long after any effects have worn off. As a result, many drivers are surprised to find themselves over the limit. For most people, this is their first experience of the criminal courts, which can be extremely stressful.
We specialise in defending clients accused of drug-driving and provide clear, practical advice at every stage of the process. Our team will examine every possible angle that may assist your case, including potential defences and ‘special reasons’ arguments aimed at avoiding a driving ban. If a conviction cannot be avoided, we focus on achieving the lowest possible sentence by presenting careful mitigation supported by evidence. By obtaining the court papers early and preparing thoroughly before any hearing, we can help to reduce the understandable anxiety that comes with attending court. We offer fixed fees so that costs are completely transparent, and can represent you wherever you are in the country.
If you would like to discuss your case, please email us at [email protected], call 0333 240 7373, or complete our online contact form and a member of our motoring law team will get back to you promptly.
What is Cannabis Drug Driving in Law?
Section 5A of the Road Traffic Act 1988 makes it an offence to drive, attempt to drive, or be in charge of a vehicle with a specified controlled drug in the blood above the prescribed limit.
For cannabis, the specified compound is delta-9-tetrahydrocannabinol (THC), and the prescribed limit is just 2 micrograms per litre (2 µg/L) of blood.
The offence is ‘strict liability’ – which means even if the cannabis was accidentally consumed or no longer causing any effect – a driver is guilty by simply being over the limit.
Cannabis Drug Driving Defence
There are two ways to avoid a driving ban – pleading not guilty or relying on ‘special reasons’.
Defences / Not guilty pleas
Post-driving consumption of cannabis: for example, smoking a joint after getting out of the car or eating the cannabis after being pulled over by the police to avoid it being seized.
Procedural and Evidential Issues: Drug-driving cases depend on strict forensic procedures. Errors in completing forms (MGDDE or MGDD/F), informing the driver of rights, or sealing and handling samples can all undermine the evidence.
Prescription cannabis and medical use: A medical defence exists if the cannabis (THC based drug) was lawfully prescribed and taken as directed. This defence will fail if the court decides that driving was impaired.
Special Reasons
‘Special reasons’ are extenuating circumstances connected to the offence which persuade the Magistrates that it would be unfair to impose a driving ban. Examples include:
- Accidental consumption – for example, unknowingly eating a cannabis brownie.
- Passive exposure – such as breathing in second-hand smoke without realising, for instance after falling asleep at a party.
- A genuine emergency – where it was reasonable to drive in the circumstances, such as moving a vehicle to prevent danger.
The guidelines show that the sentence depends heavily on whether there were any signs of impairment, such as ‘glazed eyes’ or ‘erratic driving’. As defence solicitors, we understand the importance of obtaining the case papers in the weeks before any hearing, in order to prepare fully and provide tailored advice on the likely outcome.
Possible sentencing outcomes include:
- Mandatory disqualification and a fine: At least 12 months’ disqualification, rising to a minimum of 3 years for a second offence within 10 years. A financial penalty.
- Community Orders: For example, unpaid work or a Curfew. Imposed if there is evidence of more than one substance in the body, driving a goods vehicle or obvious signs of impairment.
- Imprisonment: Where there is evidence of significant impairment or multiple aggravating features – up to 6 months in custody.
- Impact on employment and insurance: The conviction will appear on a Basic DBS certificate until it becomes spent, and on Standard or Enhanced DBS checks for at least 11 years. It can also lead to significantly increased insurance premiums and the loss of professional driving roles.
Get in touch
Information is processed inline with UK GDPR and our Privacy Policy