If the police stop you in Scotland with a prescribed cannabis-based medicine.

Is my prescribed medicine legal to carry in Scotland?

Yes, if it was prescribed to you. Cannabis-based medicines are controlled drugs, listed in Schedule 2 of the Misuse of Drugs Regulations 2001, which apply in Scotland just as they do in England and Wales. Having a controlled drug is normally an offence, but the regulations allow you to have one that was prescribed for you, to take as your prescriber directed. Cannabis itself hasn't been legalised. What makes your medicine lawful is the prescription, written by or under the direction of a specialist doctor on the GMC Specialist Register.

That exemption doesn't apply if a prescription was obtained by giving false information, or without telling the prescriber about controlled drugs another doctor was already prescribing. And a "medical cannabis card" from a private card scheme isn't a prescription. Police Scotland has said these cards don't confirm that the holder has a legal prescription, and that if someone found with a cannabis-based product shows one, officers pass the card's details to the procurator fiscal with their report.

Does Police Scotland have guidance on cannabis-based medicines?

Not a stand-alone published one, as of October 2026. The guidance for police officers that you may have seen mentioned online was written for forces in England and Wales, not Scotland. I've listed it on my resources page for anyone travelling south of the border.

What Police Scotland has published is a short section on the medicinal use of cannabis in its general guidance on drugs investigations. The version on its website is dated May 2023. It tells officers that:

• a patient found with a legitimately prescribed cannabis-based medicine should not have it confiscated or seized for further enquiry;
• the medicine should be in an appropriately marked container, although officers are warned that fake packaging and labels have been found elsewhere in the UK;
• the patient should have a letter from the specialist doctor who prescribed it;
• prescriptions are limited to 30 days' supply, and a prescribed medicine is never smoked;
• anything a person has beyond what was prescribed to them may be treated as an offence.

Police Scotland has also answered several freedom of information requests on this. In January 2026 it said it had no formal guidance or standard operating procedure on medical cannabis, but that officers have had internal briefings on a patient's right to have their medicine once lawful authority is established. It also said officers will make enquiries to prove that a prescription is in place, and that people with a prescribed medicine should produce documents showing it was prescribed to them.

In June 2026 Police Scotland said new national guidance on medical cannabis, including driving, was being written and would be published on its website. I couldn't find it there when I checked on 17 October 2026. When it appears, I'll update this page.

Can the police search me?

Yes, if an officer has reasonable grounds to suspect that you have a controlled drug you're not allowed to have. The Misuse of Drugs Act lets them detain you to search you, search a vehicle you're in, and take anything found that appears to be evidence of an offence. In Scotland an officer can only search you under a legal power like this one, or a warrant. Police Scotland says an officer can't search you without a specific reason, even if you agree to it.

The Scottish code of practice on stop and search sets out how a search should happen:

• The suspicion needs an objective basis, such as information, intelligence or something specific about your behaviour. Your appearance, your clothes, or a hunch the officer can't explain, aren't enough on their own.
• Before the search, the officer should tell you their name, number and police station, the power they're using, what they're looking for and why, that you don't have to say anything or give any information about yourself, and that they'll make a record of the search.
• In public, you can only be asked to take off an outer coat, jacket, gloves, headgear or footwear.
• Afterwards you should be given a receipt. You can ask for a copy of the record of the search within six months, but only if you gave your name, address and date of birth.

The code doesn't say whether the smell of cannabis, on its own, is enough for a search, and I haven't found anything official in Scotland that does. The Scottish Government consulted on a revised code in 2026. As far as I can tell, the 2017 code is still the one in force.

What should I carry?

Your medicine in its original pharmacy packaging, with the dispensing label showing your name, and a letter from your clinic or a copy of your prescription. I haven't found any law in Scotland that says you must carry these. But Police Scotland expects you to be able to show that the medicine was prescribed to you, and its guidance tells officers to look for a labelled container and a letter from your specialist doctor. In my view, it's the paperwork that settles a stop quickly.

• Keep the medicine in the container it came in, with the label on. Don't move it into another tin, pouch or bottle.
• If you have more than one supply with you, keep the label for each one.
• Ask your clinic for a letter that names you, your specialist doctor and the clinic, with a phone number the police can use to check. Keep one copy with your medicine and another in the car.
• Photos of your prescription and the label on your phone are better than nothing, but the real thing is better still.

What should I say if I'm stopped?

Tell the officer early, calmly and briefly that you have a prescribed medicine, and let your paperwork do the rest. Something like: "I have a prescribed cannabis-based medicine with me. It's in its pharmacy packaging in my bag, and I have a letter from my clinic." Say where it is before you reach for it, and let the officer tell you how they'd like to see it.

Beyond that, you don't have to answer questions, and the officer should tell you so before a search. I'd advise against arguing about the law at the roadside. If you think something is wrong, stay polite, make a note, and deal with it afterwards. Write down the officer's name and number, and keep anything you're given.

If you're arrested, you must give your name, address, date of birth, place of birth and nationality, but you don't have to answer other questions. You have the right to a private consultation with a solicitor at any time, by phone or in person, and the Scottish Government's letter of rights says this is free. Tell the custody staff that you take a prescribed medicine and when your next dose is due. You have the right to see a doctor or nurse if you're unwell. I couldn't find anything published on whether you'll be given your own medicine in custody, so don't assume you will.

What if I'm driving?

Then the drug driving law applies too, and a prescription doesn't stop the police testing you. Since 21 October 2019, Scotland has had the same limit for THC as England and Wales: 2 micrograms per litre of blood. Driving, or being in charge of a vehicle, on a road or in another public place with more than that in your blood is an offence.

There's a medical defence if the medicine was prescribed to you, you took it as your prescriber directed and as the instructions with it say, and you had it lawfully. It isn't available if you went against your prescriber's advice about how long to leave between a dose and driving. And there's no medical defence at all to the separate offence of driving while unfit through drugs. If your driving is impaired, the prescription doesn't help.

Police Scotland says its officers follow the same procedure in every drug driving case, and that the defence isn't an exemption from prosecution: whether it applies is for the procurator fiscal and the courts. The Scottish Government says a driver who tests positive at the roadside will be arrested and taken to a police station for a blood test, and that the procurator fiscal will take into account any evidence you gave the police. Police Scotland says details of a known defence, such as a prescription, go into its report to the fiscal. So tell the officer about your prescription at the start, and show your paperwork.

Refusing a roadside test or a blood test without a reasonable excuse is an offence in itself. A conviction for drug driving means a driving ban of at least a year. My driving guide covers the rest, including your clinic's timing advice and the DVLA.

Can the police take my medicine?

They can take anything found in a search that appears to be evidence of an offence. But Police Scotland's own guidance says a legitimately prescribed medicine should not be confiscated or seized for further enquiry, which is one more reason to keep the labelled packaging and your letter with it.

If your medicine is taken anyway, ask why, ask for a reference number and how you'll get it back, and write down what you're told. Tell your clinic the same day, because you may run short. I couldn't find a published Police Scotland process for getting a seized medicine back, so this is a good point to get advice.

What happens after a stop?

If the officer is satisfied that the medicine was prescribed to you, that should be the end of it. If the police think an offence has been committed, they send a report to the procurator fiscal, part of the Crown Office and Procurator Fiscal Service. The fiscal decides, independently of the police, whether to prosecute or to take other action, such as offering a fine. If you're told you'll be reported, or you're charged, speak to a solicitor as soon as you can.

Where can I get help afterwards?

First, write down what happened while it's fresh: the date, time and place, the officers' names and numbers, what was said, what was searched or taken, and any reference numbers or receipts. Then:

• A solicitor. If you've been charged or reported to the procurator fiscal, get legal advice early. You'll find the Law Society of Scotland's search for a solicitor on my resources page.
• Patient Protect. Patient Protect helps people with a prescription who have been treated unfairly, including by the police. It has said that since April 2026 it takes on new cases only for patients whose clinic subscribes, but anyone can report what happened. It asks for proof that your prescription was in place before the incident. It's run by Alex Fraser, whom I know personally.
• Your clinic. It can confirm your prescription, and it needs to know if your medicine was taken.
• A complaint. If you're unhappy with how you were treated, you can complain to Police Scotland online, by calling 101, or at a police station. There's no time limit, but if it's more than 12 months later you may be asked why. If you're unhappy with how your complaint is handled, you can go to the Police Investigations and Review Commissioner, which is independent of Police Scotland.

What's still unclear in Scotland?

Quite a lot, to be honest. As of 17 October 2026:

• Police Scotland's new national guidance on medical cannabis hasn't been published, so what officers are told to do may change.
• Nothing official says exactly which documents are enough. A labelled container and a letter from your specialist doctor are what the 2023 guidance mentions.
• Nothing official says whether, or how quickly, officers will contact your clinic to check, especially out of hours.
• Nothing official that I've found says whether the smell of cannabis on its own is reasonable grounds for a search.
• There's no published process for getting a seized medicine back.
• The revised stop and search code hasn't been finalised.

I'll update this page when any of that changes.