A taxi company boss on the Isle of Wight is fighting to overturn the revocation of his hackney carriage licence after the council stripped him of his right to drive over complaints about the smell of cannabis during school transport journeys—despite his possession of a valid medical cannabis prescription.
The case raises crucial questions about licensing laws, medical cannabis, and what happens when prescription medication clashes with professional driving standards.
What Happened on the Isle of Wight
Mr Aslam, chief executive of Alpha IOW, has lodged an appeal against the Isle of Wight Council’s decision to revoke his Hackney Carriage licence, claiming the action was disproportionate. Mary Maynard, for the council, said the licence was revoked as Mr Aslam was no longer deemed ‘fit and proper’, as a result of complaints about the smell of cannabis on ‘school transport journeys’, during a period prior to September 2025.
An independent drugs test was carried out, and in January Mr Aslam said he had cannabis prescribed medication. Mr Aslam argues that the cannabis was not for illicit use and does have a medical cannabis card, which he provided to the council.
He said he made sure he did everything “above board” and would not risk doing anything illegal. He also said the council instantly suspended his licence and did not afford him the opportunity of attending a panel hearing.
Magistrates have now scheduled a final hearing for August 20 to decide the future of his licence.
The Legal Position on Medical Cannabis and Driving
Since 2018, specialist doctors in the UK have been able to legally prescribe cannabis-based medicines to patients. But the law surrounding driving whilst prescribed medical cannabis remains complex and often misunderstood.
The new offence refers to driving, attempting to drive or being in charge of a vehicle with a specified controlled drug in the body, in excess of a specified limit (Section 5A of the Road Traffic Act 1988 as amended in April 2013). The legislation also provides for a statutory “medical defence” for this new offence, for patients taking their medicines in accordance with instructions.
Crucially, patients prescribed medical cannabis have a legal defence if they can prove three things: the drug was prescribed for medical purposes, they took it in accordance with directions, and they were not impaired whilst driving.
What About Taxi and Professional Drivers?
For professional drivers—especially those carrying passengers or operating taxis—the stakes are higher. To assess whether an individual is a ‘fit and proper person’ councils will consider medical fitness, knowledge of the local area and criminal record history.
All HGV drivers are obliged by law to notify your organisation of your prescription. However, guidance for taxi drivers remains less clear. There is no clear guidance from the DVLA specifically on medical cannabis, and nowhere does it state that patients are required to inform them of their prescription, unless it’s related to a notifiable condition which may impact your ability to drive safely.
However, a report published by the Department for Transport in 2022 found that some doctors have advised patients to notify the DVLA of their prescription to “avoid risking losing their insurance coverage in the case of a collision”.
Why This Case Matters
This case highlights a growing grey area for drivers prescribed medical cannabis. Whilst the law provides a statutory defence for those taking prescribed medication correctly and not driving whilst impaired, councils retain the authority to assess whether licence holders remain “fit and proper” to carry passengers.
The tension between medical treatment rights and public safety obligations is especially acute for professional drivers. Complaints about the smell of cannabis—even legally prescribed—can raise concerns amongst parents, schools, and passengers, regardless of whether the driver was impaired or breaking the law.
For taxi drivers, private hire operators, and anyone who drives professionally, this case underscores the importance of understanding your obligations. If you’re prescribed medical cannabis, consider speaking to your prescribing doctor, your licensing authority, and your insurer to ensure you’re fully compliant and protected.
The outcome of the August hearing could set an important precedent for how councils across the UK handle similar cases in future.
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