{"id":29727,"date":"2024-03-27T09:25:04","date_gmt":"2024-03-27T09:25:04","guid":{"rendered":"https:\/\/cannabishealthnews.co.uk\/?p=29727"},"modified":"2024-03-27T09:25:04","modified_gmt":"2024-03-27T09:25:04","slug":"cannabis-patient-wins-small-victory-after-battling-driving-charges","status":"publish","type":"post","link":"https:\/\/cannabishealthnews.co.uk\/2024\/03\/27\/cannabis-patient-wins-small-victory-after-battling-driving-charges\/","title":{"rendered":"Cannabis patient wins \u2018small victory\u2019 after months battling driving charges"},"content":{"rendered":"

A medical cannabis patient has been cleared of charges against him on the grounds that he has a legal prescription, after being pulled over by police for a second time.\u00a0<\/b><\/h3>\n

Nathan Williams was found not guilty of failure to provide a specimen at Welshpool Magistrates Court earlier this month, after he was pulled over by the same police officer just months after a previous case against him was dismissed.\u00a0<\/span><\/p>\n

Magistrates determined that his legal prescription was a \u2018reasonable excuse\u2019 for refusing the roadside drug test, in what has been described as a \u2018small victory\u2019 \u2014 but one which will not set a precedent in UK law.\u00a0<\/span><\/p>\n

Williams was on a driving lesson with a friend when he was first pulled over by police<\/a> in his hometown of Newton in February 2023.<\/span><\/p>\n

The 25-year-old, who has been prescribed cannabis for <\/span>chronic pain<\/span><\/a> since January 2020, refused to provide a roadside saliva sample, explaining that his medication was legal. After also refusing to give a blood sample at the police station, he was charged with failing to provide a specimen under Section 7 of the Road Traffic Act (RTA).<\/span><\/p>\n

While patients with a prescription for cannabis are understood to have a legal medical defence if they are found to have levels of THC in their blood, this only comes into play once the case is with the Courts.\u00a0<\/span><\/p>\n

Williams pleaded guilty, but his case was later dismissed by Welshpool Magistrates Court after the prosecution failed to provide any evidence.\u00a0<\/span><\/p>\n

Just months later, in December 2023, Williams was stopped again by the same officer while pulling into his housing estate. He refused to complete the roadside swipe test and was arrested and taken to a police station over 40 miles away, where he once again refused to give a blood sample.<\/span><\/p>\n

This time the Crown Prosecution Service pursued the case and Williams appeared before magistrates on Monday 11 March, 2024.\u00a0<\/span><\/p>\n

The Court said the fact that he had a prescription for cannabis was a \u2018reasonable excuse for refusing the roadside test\u2019.<\/span><\/p>\n

\u2018A small victory\u2019\u00a0<\/b><\/h4>\n

Speaking to Cannabis Health, Williams\u2019 lawyer, Robert Hanratty, described the judgement as a \u2018small victory\u2019 and one of the first he is aware of where the prescription defence has been used successfully in this way.<\/span><\/p>\n

However, he cautioned the judgement does not set a precedent and \u2018each case turns on its own individual facts\u2019.<\/span><\/p>\n

\u201cIn this case, because of the background, I suspect they didn’t think the stopping was necessarily in good faith,\u201d he told Cannabis Health.<\/p>\n

\u201cThis particular officer had been engaged in an almost identical case previously, in relation to which the prosecution on that occasion offered no evidence. This time, they decided to run the case, but failed on both.<\/p>\n

He continued: \u201cThe magistrates said: \u2018we believe that the fact that he has a prescription for cannabis is a reasonable excuse for refusing the roadside test\u2019.<\/p>\n

\u201cFrom my perspective, this clearly indicates that in certain circumstances, the provision of proof of your prescription will satisfy magistrates that you don’t have to give a roadside swipe.”<\/p>\n

Hanratty also pointed out that in this case, the statutory requirements necessary to request a specimen analysis under Section 7 of the RTA had not been met.<\/p>\n

\u201cIn other ways, it demonstrates a lack of training and awareness of the strict statutory requirements of the law\u2019 among police,\u201d he added.<\/p>\n

\u201cThe police need to familiarise themselves significantly more than they have with the strict procedures associated with obtaining intimate samples.\u201d<\/p>\n

\u201813 months of hell\u2019\u00a0<\/b><\/h4>\n

Despite the verdict, Williams says the whole ordeal has had a considerable impact on him and he fears that it is only a matter of time before he is targeted again.\u00a0<\/span><\/p>\n

He says his health has deteriorated in recent months and he has been signed off work.\u00a0<\/span><\/p>\n

\u201cIt\u2019s now 13 months since this all started and it\u2019s been absolute hell,\u201d he told Cannabis Health.<\/span><\/p>\n

\u201cI\u2019m terrified of going out in my car right now, I\u2019m just waiting for the next time it\u2019s going to happen.\u201d<\/span><\/p>\n

He was also reported to the DVLA, but has since been informed he satisfies the medical standards for safe driving.\u00a0<\/span><\/p>\n

Time for an overhaul of UK driving laws?<\/b><\/h4>\n

A report published last year by the Cannabis Industry Council (CIC), produced with support from advocacy group Seed Our Future, called for an overhaul of UK driving laws following numerous reports of patients having been stopped by police and having charges brought against them, in some cases even <\/span>losing their licence.\u00a0<\/span><\/a><\/p>\n

The number of arrests for driving under the influence of cannabis are reported to have increased by more than 72% between 2016\/17 to 2020\/21.\u00a0<\/span><\/p>\n

The report called for a review of the \u2018consistency and effectiveness\u2019 of law enforcement training around the legalisation of medical cannabis and patients\u2019 statutory rights<\/span><\/p>\n

Cannabis Health contacted Dyfed-Powys Police for a response and to ask whether any further action was being taken.<\/span><\/p>\n

A spokesperson said: \u201cDyfed-Powys Police is committed to keeping the force area safe for all road users. Where officers have concerns over the quality of an individual\u2019s driving, they can request a sample to determine if that person is driving while under the influence of illegal drugs or alcohol. Failure to comply with this request is a criminal offence, and action will be taken to prosecute the individual.\u201d<\/span><\/p>\n

UK law requires that drivers tell the DVLA about any medical condition that could potentially affect their driving. The only condition requiring mandatory notification for which a CBPM is commonly used is epilepsy. There is no requirement for patients to inform the DVLA of their prescription, unless related to epilepsy.<\/p>\n

DVLA\u00a0guidelines<\/a> require patients to be \u2018free from any medication effects that would impair driving\u2019 as a condition for continuing to drive or resuming driving following medication. The elements required for safe driving include: attention and concentration, good reaction time, and coordination. It\u00a0is down to the individual driver to judge whether their ability to drive safely is impaired, as with any other prescribed medication.<\/p>\n","protected":false},"excerpt":{"rendered":"

Nathan Williams was pulled over by the same police officer just months after a previous case against him was 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She is managing editor of Cannabis Health, the UK\u2019s leading title covering medical cannabis and CBD, and sister titles, Cannabis Wealth and Psychedelic Health. Sarah has an NCTJ journalism qualification and an MA in Journalism from the University of Sunderland. Sarah has over six years experience working on newspapers, magazines and digital-first titles, the last two of which have been in the cannabis sector. She has also completed training through the Medical Cannabis Clinicians Society securing a certificate in Medical Cannabis Explained. She is a member of PLEA\u2019s (Patient-Led Engagement for Access) advisory board, has hosted several webinars on cannabis and women's health and has moderated at industry events such as Cannabis Europa. Sarah Sinclair is the editor of Cannabis Health. Got a story? Email sarah@handwmedia.co.uk \/ Follow us on Twitter: @CannabisHNews \/ Instagram: @cannabishealthmag","sameAs":["https:\/\/cannabishealthnews.co.uk","https:\/\/www.instagram.com\/sarahlsinclair_\/","https:\/\/www.linkedin.com\/in\/sarahlsinclair\/","https:\/\/x.com\/https:\/\/twitter.com\/sarahlsinclair_"],"url":"https:\/\/cannabishealthnews.co.uk\/author\/sarah_sinclair\/"}]}},"_links":{"self":[{"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/posts\/29727"}],"collection":[{"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/users\/17"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/comments?post=29727"}],"version-history":[{"count":5,"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/posts\/29727\/revisions"}],"predecessor-version":[{"id":29734,"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/posts\/29727\/revisions\/29734"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/media\/29729"}],"wp:attachment":[{"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/media?parent=29727"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/categories?post=29727"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabishealthnews.co.uk\/wp-json\/wp\/v2\/tags?post=29727"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}