i had a brief chat with a magistrate about cannabis, driving, limits, impairment etc.
amazingly, what they said tallied with my understanding completely. what i beleive are key points and were agreed;
1) 2ng/ml is too small and not an impairment level
2) mc users have a medical defence for being over the limit, which is essentially meaningless for mc users.
3) impairment is the important bit.
4) can only really be proved by a FIT test
5) police should be aware and know the documentation to prove mc.
so, i think that is excellent and very encouraging.
yes.
If I’m correct, you still get arrested and took away. It’s only whenever it goes to court and all information is presented that it gets kicked out. Still, a lot of stress and hassle to deal with
These cases don’t get to court - the CPS will uncover the defence and will NFA the case before it goes that far.
What I would like to see is the officer deal with it at the roadside - check and confirm the prescription / paperwork and to let you go on your way.. rather than 3 months later once the arrest, blood, lab and other people have got involved as it is a complete waste of all these people’s time, not to mention yours!
I know more than one person that had to go to court multiple times before it got thrown out all prescription documents produced at roadside and police station she went to court 3 times before it got thrown out
This is why doubling down and being a real stickler with MG/DD on arrest is essential and will not get picked up. Once that defence is documented on arrest its just admin after that to NFA.
I think an officially issued card might possibly be a good thing.
A friend that lives in Pensylvania USA was telling me, if you get pulled over there, as soon they see your medical card they know there is zero chance of a DUI and you're on your way with no problems.
Pretty much from what what I’ve seen
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I don’t think it is, do you have a source?
No it’s not man stop chatting shite alls you’re doing is spreading misinformation and putting people in danger.
It is but as police get better training they will know how to recognise legit prescriptions and know that it is pointless to arrest us as no charges will be brought.
However, we’re not there yet in a lot of regions forces. So unfortunately for now there is still the possibility of arrest. 😭
We are not there with ANY force.. there is NO training on medical cannabis, medical defences to 5A, or any info so that police are even sort of aware of the existence of MC
Avon and Somerset police are getting there, Bristol Cannabis Club have been liasing with them for some time now.
https://www.facebook.com/brstlcc/posts/pfbid02Y3o75QW8HWGsoSvjsoAfRDHjsgr5hGVag19BRuqXdWywBmecmASWW9YKyrXnxro6l
For anybody that doesn't want to click links, I'll copy and paste the text here -
In a statement to Bristol24/7, a spokesperson for Avon and Somerset Police explained the force’s ongoing efforts to better practices around dealing with CBPMs: “Following recent public engagement, we have identified a need to enhance officer awareness around the lawful possession of CBPMs due to the increasing number of patients using them legally.
“This will improve officer confidence and consistency, reduce unnecessary criminalisation, and enhance public trust.
“We are actively reviewing how we train and support our officers in this area.
“A short training package has already been developed by one of our officers, and our Drug Education and Awareness Team (DEAT) is working with our learning and development colleagues to explore how best to incorporate this into our initial and ongoing officer training.
“This includes the possibility of co-delivery by subject matter experts to ensure consistency across the organisation.
“While CBPMs have been legally prescribed in the UK since November 2018, there is no specifically designed identification in relation to an individual who is legally prescribed medical cannabis, and it is just like any other prescription medicine.
“As outlined in Freedom of Information responses published here and here, for the reasons explained in these links, we’re not able to identify the statistics.
“We will continue to follow the College of Policing’s APP Guidelines on this matter and comply with any national guidance provided to us from the College or the National Police Chief’s Council.
“Once it has been established that the patient has been prescribed medical cannabis and that they are legally in possession of it, it is acceptable for it to be returned to them.
“We are keen to work with patient groups on the issue of CBPM and any seizures that are perceived as incorrect.
“We will continue to follow the College of Policing’s APP Guidelines on this matter and comply with any national guidance provided to us from the College or the National Police Chiefs’ Council.”
Obviously I can’t verify that “internal briefings” have actually taken place but here’s a police Scotland statement regarding a request regarding MC use.
https://www.scotland.police.uk/spa-media/bklovoah/23-2534-dl-response.docx
But you are correct in that the training procedure is nonexistent.
Whats a FIT test?
It's the roadside test to see if you are sober. Walk a straight line, touch your nose with your eyes closed, etc.
Strictly speaking it’s a PIT (preliminary impairment test)
Points 6-11 set out the exercises you will be asked to do.
I suggest all MC users practice these at home. If you actually have a medical condition (balance issues, leg pain etc) that stops you from being able to do these, ask your doctor to provide their opinion and get it put on your NHS notes.
This is the Police roadside test: https://assets.publishing.service.gov.uk/media/5a75149bed915d6faf2b2193/MGDDF_Ver_6.0_March_2016.pdf
Yes, this is why it gets thrown out by court. The magistrates know, because they have to. The police dgaf. Not their problem. We are just scum :)
Some useful resources here:
https://www.cicouncil.org.uk/resources/cannabis-driving/cannabis-driving-guidance-for-patients/
The fit test isn't enough tbf you can be stoned af and too impaired to drive and still pass that
If you pass the FIT, then you are by definition not impaired to drive…
No this is definitely not true just because you can walk In a straight line, touch your nose, and count while one one leg definitely doesn't mean your sober enough to drive as can do all of those things while stoned af, also the things they test are not relevant to driving in any way could easily still be not totally aware mentally and have slowed reaction times ect
If you have a physical disability you can also mention this after you are asked to perform each section.
I'm not a lawyer but I would just say no to some of the tests and get it recorded.
their opinion means nothing though magistrates are members of the public that do a 3 weeks course to sit in that role.
their opinion is pretty damned important if they are presiding over your case. anyhow its nice to know their opinoin is correct, imo obv.
The opinion of the people that decide if you go to jail or not is irrelevant?
They are there to provide their opinion on the facts - the law is handled by a legal adviser in the court.
Also I don't feel the limit is as far off as u might think when I was arrested I had been smoking every day for ages 7gs a week approx (was bm) and had smoked more than usual that night and was still only 3.6 or 3.8 ng so u could definitely still be under limit and impaired
You can also be over that limit and perfectly fine. The limit is silly as it affects people differently.
The point of the limit is that it's a very low detectable amount (basically any amount of recent use should show up) because there's a zero tolerance to drug driving. (Medical cannabis patients getting the medical defence obviously)