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Consultation on drug driving limit

The Government is consulting on plans to set limits for a new drug driving offence. The consultation paper relates to England and Wales but has now been extended to Scotland.

The UK Government’s Crime and Courts Act 2013 introduced a new offence to bring drug driving into line with drink driving. This made it an offence to drive under the influence of drugs over a specified limit, and complements the existing drug driving offence of driving while impaired through the use of drugs. 

The Act devolved the responsibility for setting the drug driving limit for this new offence to the Scottish Parliament.

The consultation seeks views on three approaches on setting a drug driving limit:

  • setting a limit just above a level where a person might have naturally occurring levels of a drug within their bodies (a zero tolerance approach) for all controlled drugs;
  • setting a limit at the level where the amount of a drug within a person’s body will impair their driving (a road safety approach) for all controlled drugs; and
  • a mix of a zero tolerance approach for illegal drugs such as cannabis and cocaine and a road safety approach for medicinal drugs.
  • This is a joint consultation with the UK Government but depending on the responses received, Scotland may follow a different policy approach from the UK Government.

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