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Australian Leaders Prodded On Medical Cannabis And Driving

The CEO of Penington Institute has written to several Australian premiers and chief ministers, urging them to fix road laws for medical cannabis users.

In most Australian states and territories, it is an offence to drive with any detectable level of the intoxicating cannabinoid THC in your bloodstream, regardless of lack of impairment and medicinal cannabis being legally prescribed, and being used according to prescription. The same doesn’t apply to prescription drugs such as morphine – as long as you aren’t impaired, you can drive.

The added challenge medical cannabis patients face is that THC can be detected up to weeks after it was consumed. This leaves drivers with a difficult choice – continue taking their medicine, a self-imposed driving ban or risk prosecution. It also impacts patients just using CBD, as some products may contain traces of THC.

There have been growing calls for medicinal cannabis to be treated just like any other prescription drug in relation to driving. Joining those is Penington Institute CEO John Ryan, who recently wrote to premiers and chief ministers in Western Australia, Northern Territory, Queensland, NSW, ACT and South Australia.

Penington Institute is an organisation supporting cost-effective approaches maximising community health and safety in relation to drugs.

“Nobody should drive while they are impaired by any substance, including prescribed drugs such as medicinal cannabis,” wrote Mr. Ryan.  “But patients who are not impaired and are using medicinal cannabis as directed by their doctor pose little if any safety risk and should be treated accordingly.”

There have been some initial moves in another state, Victoria, to address the issue. Previously drivers testing positive for THC were subject to an automatic loss of their driver’s licence. An amendment to the Road Safety Act 1986 in November last year that came into force this month gave courts discretion in relation to cases involving  medical cannabis patients, assuming a valid prescription and use in accordance with it, and no impairment.

But it is still an offence.

The Victorian Government has also initiated a medical cannabis road safety trial, the results of which aren’t expected to be available until the middle of next year.

Tasmania remains the only Australian jurisdiction where it is not offence to drive with any detectable level of THC; if the product was obtained and administered in accordance with the Poisons Act 1971.


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