Magistrates have banned an Exeter man from getting behind the wheel for a year after he was caught drug-driving and refused to give police a blood sample, claiming he was taking CBD oil for an injured shoulder.
A 35-year-old man admitted failing to provide a blood sample to police after drug-driving in Exeter, writes Isabelle Pinnock, OPCC court reporting scheme.
Benjamin Cornish, of King Stephen Close, Exeter, was seen driving a white Ford Focus, a vehicle known to officers, on Raleigh Road, Exeter, on December 4 last year, Exeter Magistrates’ Court was told.
Officers followed the car as it turned onto College Road and approached the driver after he pulled over.
Cornish provided a positive roadside test and was arrested and taken into custody, where he refused to provide a blood sample for analysis.
Peter Woodley, mitigating, said that at the time of the offence, the defendant was self-medicating with what he believed to be simply CBD oil. Cornish had purchased the oil from a shop in Exeter but admitted he did not check the active ingredients.
The court heard that Cornish was using the product to alleviate pain after he sustained a serious shoulder injury for which he has had multiple surgeries and was signed off work. He is now receiving a legitimate prescription for medical cannabis and was on the waiting list for this treatment at the time of the offence.
Woodley applied for a conditional discharge and said the defendant had tried to explain the situation to officers but felt that they were “dismissive”.
He added: “There is a genuine medical reason for him using that substance and he is now using legally.”
Sentencing, the Chair of Magistrates said: “Unfortunately, what you thought you were taking would appear to be something completely different.”
Cornish was given a 12-month driving ban, the minimum disqualification for this offence, and ordered to pay a £120 fine and £48 victim surcharge.
