ALL THINGS LICENSING What should licensing authorities do?
While there is no statutory requirement to revoke or refuse a licence solely because of prescribed cannabis use, authorities should:
1. Verify the prescription to ensure it is genuine, NHS or specialist issued, not online or unregulated.
Public safety and public protection Direct safety risks
Taxi drivers operate vehicles for hire and reward, often carrying vulnerable passengers. Any impairment increases risk, and cannabis, whether medicinal or illicit, can cause:
l Slower hazard perception l Reduced ability to multitask l Increased braking distance l Impaired decision making
Even if a driver is legally entitled to take prescribed cannabis, licensing authorities must consider whether they remain fit and proper to perform a professional driving role.
In my view the long held “would you get in the car with them?” test routinely applies in licensing practice.
Public confidence risks
Public perception matters. A reasonable person may with some justification feel uneasy entering a taxi driven by someone who uses a substance commonly associated with impairment, even when legally prescribed.
Because taxis are entrusted with the public, often alone, late at night, or in rural areas, licensing bodies must uphold not only physical safety but also public assurance and trust.
Insurance and disclosure issues
Drivers prescribed medicinal cannabis must inform their insurer. Many insurers treat cannabis-based medications as a heightened risk factor. Failure to disclose may invalidate insurance entirely, raising further concerns about fitness and propriety.
It may also be that a policy, particularly one for hire and reward, is prohibitively expensive to those on CBPMs.
PHTM MARCH 2026
2. Obtain medical evidence from a consultant or prescribing specialist addressing:
l Stability of condition l Absence of side effects l Impact on cognition or reaction times l Fitness to meet Group 2 standards
3. Consider suspension or refusal where:
l The driver has only recently begun treatment l Impairment cannot be ruled out l The underlying condition itself poses risks
4. Assess ‘fit and proper’ status holistically, including public confidence.
5. Request evidence of insurance disclosure.
Each case must be assessed individually, but the default stance should prioritise public safety and risk avoidance rather than assuming medicinal cannabis is risk free.
To conclude:
Medicinal cannabis presents licensing authorities with a nuanced and evolving challenge. While legal and medically prescribed, its potential to impair driving, combined with a lack of DVLA specific Group 2 guidance, means authorities must lean on analogous standards, medical evidence, and robust risk assessment.
Ultimately, Taxi and private hire drivers hold a position of trust. The industry’s credibility relies on ensuring that every licensed driver is both medically fit and publicly trusted. Until clearer national guidance emerges, a cautious, safety first interpretation of DVLA Group 2 standards remains not only justified but essential.
Therefore, with so much change again on the horizon it is vital that the licensed trade keep up to date with one of the best ways being joining the Institute of Licensing.
For full details, please visit:
www.instituteoflicensing.org.
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