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Police apologise - "the process stops at that point."

West Mercia police said in [FOI 197456](https://www.westmercia.police.uk/foi-ai/west-mercia-police/2022/september/foi-197456/) that we would be "processed for drug driving in much the same way as someone with an alcohol addiction would be if they were to fail a roadside breath test."

They have apologised "for any confusion caused with the original wording." (lol) and now say;

"Section 5a(3) of the Road Traffic act 1988 provides a medical defence. If the three requirements for this defence are satisfied then **the process stops at that point**."

Big thanks to r/rfdevere for the Askthepolice page [https://www.askthe.police.uk/faq/?id=978c0ee1-93c0-ec11-983e-002248438848](https://www.askthe.police.uk/faq/?id=978c0ee1-93c0-ec11-983e-002248438848)

Original thread: [https://www.reddit.com/r/ukmedicalcannabis/comments/17ccay8/foi\_response\_from\_west\_mercia\_police/](https://www.reddit.com/r/ukmedicalcannabis/comments/17ccay8/foi_response_from_west_mercia_police/)

Cheers:)

https://preview.redd.it/3uho0g1jck1c1.png?width=1080&format=png&auto=webp&s=1b72cb7d412c8cb2b1045c421e966425df30d132

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Posted: 10-01-2026

By: KevinBop  

Rep: 3739   Points: 6805  

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This is peace of mind to do many of us, myself Included. Thank you for doing the work to get this in writing and on the record.

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 9 

 

Can I ask, what are the 3 requirements for this defence to be satisfied?

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 8 

 

Nice one

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 8 

 

Tempted to complain and ask how such an oversight occurred with the response that demonstrates fundamental biases and stigma.

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