A report published by Cannabis Industry Council (CIC) says that traffic rules in England discriminate against patients using medical cannabis, as tests and markers are insufficient and inconsistent to assess the degree of sobriety of drivers. Cannabis is on the list of “zero tolerance” substances in the Traffic Act 1988. The CIC recommends its revision
Current rules for medically prescribed cannabis patients who are also drivers are potentially “discriminatory,” according to a new report from the Cannabis Industry Council (CIC). The report, titled “Cannabis and Driving“, found that current driving legislation has not kept pace with the legalization of medicinal cannabis in the UK in 2018.
Cannabis is on the ‘zero tolerance’ list of substances in the Traffic Act of 1988, meaning there is a legal limit of just two micrograms per liter of blood. The report notes that blood and saliva tests are “inconsistent markers for proving that drivers’ abilities are compromised”, as cannabis remains in the body for up to 30 days after use.
Report author Frances Crewdson of Ananda Developments commented that “it is extremely worrying that vulnerable patients are at risk of losing their driving license or even being criminalized due to outdated and contradictory legislation”. For this reason, a revision of the Traffic Law, with guarantees of basic rights to medical cannabis patients, is one of the requirements of the CIC.
The report details six key recommendations to follow, as listed below:
- Standardize medical cannabis driving guidelines (Traffic Act 1988) with a focus on impairment of abilities, rather than using guidelines based on substance limits;
- Continuing to use the Field Skills Impaired Test (FIT) as a method to identify when drivers have impaired skills, as the concentration of THC in blood and saliva is an inconsistent marker;
- Standardize warnings about impairment of capabilities on the labeling of medical cannabis products;
- Review the consistency and effectiveness of communication with medical cannabis patients about their rights and implement plans to improve this;
- Review the consistency and effectiveness of law enforcement training and education regarding the legalization of medical cannabis and patient rights and implement plans to improve these aspects;
- Review the consistency and effectiveness of safe driving communication to medical cannabis prescribers and implement plans to improve it;
The chair of the CIC Standards Working Group, Elisabetta Faenza, added that the current situation for medical cannabis patients who need to drive vehicles is “a veritable minefield”. The Cannabis Industry Council will work with industry partners to develop guidance and support for patients and prescribers.” The report was developed by the CIC Standards Working Group, with notable contributions from Frances Crewdson, Guy Coxall (Seed our Future), Kirsty Morrison (Cancard), and Dr. Callie Seaman (Aqualabs).
The complete document can be accessed through the website of the Cannabis Industry Council, or you can consult it below.
[pdf-embedder url=”https://cannabislaw.report/wp-content/uploads/2023/06/CIC23_02-Cannabis-Driving-1-1.pdf” title=”CIC23_02-Cannabis-Driving-1″
