Motorist claims he was over the drug-drive limit because of passive cannabis smoking

A motorist claimed he was caught over the drug-drive limit after he had passively inhaled cannabis smoke while his friends had been smoking.

Thursday, 25th April 2019, 5:49 pm
Updated Thursday, 25th April 2019, 5:49 pm

Chesterfield magistrates’ court heard on April 24 how Charles Hudson, 31, of Sudhall Close, Newbold, Chesterfield, was stopped by police who were checking insurance details when they claimed they could smell cannabis.

Prosecuting solicitor Lynn Bickley said police saw a BMW 3 Series on the A619 Worksop Road, at Barlborough, and thought the driver may have been driving without insurance and while they were speaking to the defendant they could smell cannabis.

Ms Bickley added: “The defendant gave a positive roadside sample indicating cannabis use and a blood sample was taken.”


The blood sample registered 2.3 microgrammes of the drug per litre of blood in his system when the legal limit is two microgrammes, according to Ms Bickley.

Hudson pleaded guilty to driving when the proportion of a controlled drug, namely Delta-9-Tetrahydrocannabinol, exceeded the specified limit.

The defendant also admitted driving without insurance after the incident on January 31.

Hudson told the court that he had held a motor trader’s insurance policy allowing him to drive any vehicle but he was unaware it had been cancelled after he had missed a payment.

He added that he had also been out with friends who had been smoking cannabis the night before he was stopped by police.

Hudson admitted he had smoked cannabis in the past but at the time in question he had stopped because of his health.

He claimed traces of cannabis from his friends’ smoking had got into his system passively.

Hudson said: “That is how traces of cannabis got into my system, I was not aware it could get into my blood like that.

“I understand the legal limit is two and it can be caused by passive smoking and I was only 0.3 over.”

Magistrates fined Hudson £450 and ordered him to pay £85 costs and a £45 victim surcharge.

He was also disqualified from driving for 12 months.