Vaping medical cannabis in public: what UK law actually says

A patient vaping a prescribed CBPM is doing something the criminal law permits. But "not a crime" isn't the same as "no consequences" — and the biggest problems patients hit are civil (tenancy, employment) or environmental (a passer-by calling police because the smell is unmistakable). This guide walks the settings you're most likely to face.

The legal baseline

Under the 2018 amendment to the Misuse of Drugs Regulations, a prescribed CBPM is a Schedule 2 controlled medicine. You may possess it, transport it, and administer it — the same lawful basis as any other Schedule 2 medicine like morphine. There is no separate offence created for administering it in public.

The Smoke-free (Premises and Enforcement) Regulations 2006 ban smoking in enclosed public places. Vaporisers don't produce smoke in the statutory sense, so those regulations don't automatically apply. Individual venues may still ban vaping via their own rules — which is enforceable as trespass, not criminal offence.

Outdoor public spaces

Parks, pavements, beaches and open public land: lawful for a prescribed patient to vape. In practice the risk isn't legal; it's someone reporting the smell to police. If you're stopped, calmly showing your dispensing label almost always ends the encounter — see our police stop guide.

Some councils have introduced Public Space Protection Orders (PSPOs) that ban smoking in specific parks or town centres. These generally target tobacco smoking, but the drafting varies and a wide PSPO could catch a vaporiser. Councils publish their PSPOs online — worth a quick check if you're in a new area.

Inside your car

Vaping in your own parked car is lawful. Vaping while driving is not — using a vaporiser while in control of a vehicle risks a not-in-proper-control offence (Highway Code Rule 148) even before any drug-driving issue arises. And the after-effects matter: see the driving law guide for the medical defence and how to use it safely.

If children under 18 are in the car, smoking is illegal — and while vaping isn't explicitly covered, the safer position is not to vape a CBPM in a car with a minor present.

Rented homes

This is where most disputes arise. Standard AST agreements often contain "no smoking" clauses that either explicitly or by interpretation cover vaping. Landlords have terminated tenancies for cannabis smell alone, without needing to prove illegality.

Practical steps if you rent:

• Re-read the tenancy — look for "smoking", "vaping", "cannabis" and "controlled substances"
• If unclear, tell your landlord in writing that you're a prescribed patient and ask for confirmation the tenancy isn't breached
• Use a dry-herb vaporiser rather than combustion — the smell dissipates faster
• Consider oils instead of flower where clinically appropriate

Workplaces

Employers set their own smoke-free policy. Most treat vaping the same as smoking and confine both to designated outdoor areas — or ban them from the premises entirely. Being a prescribed patient doesn't override the policy, but reasonable adjustments under the Equality Act 2010 may apply if your condition is a disability. See telling your employer.

Public transport

National Rail, TfL and coach operators universally ban smoking and vaping across their networks under bylaws. Enforcement is a penalty fare or removal from the service — not typically a police matter, unless combined with other conduct. Take oils or capsules for travel, not a vaporiser.

Hospitality venues

Pubs, restaurants, hotels and cafés set their own rules. Some hotels have "no smoking" clauses in booking terms with cleaning fees for breach — vaping cannabis often triggers these even if not explicitly named. If in doubt, ask reception in advance and get the answer by email.

Where does this leave you?

Outdoors, away from schools and playgrounds, in your own home (subject to tenancy), and in your own parked car: broadly safe. Anywhere someone else owns or controls: assume it's not permitted unless you've confirmed otherwise.