A report tabled in the state of Victoria’s Parliament has recommended courts be given more discretion with regard to medicinal cannabis users and driving.
In Victoria, as in most other Australian states, it’s illegal to drive with any detectable amount of THC – an intoxicating cannabinoid – in your system; and penalties are harsh. Victoria’s Road Safety Act 1986 stipulates a driver’s licence must be suspended or cancelled for a minimum of six months for a first offence and fines also apply.
This is regardless of a lack of impairment and if the cannabis has been legally prescribed. It’s in stark contrast to other prescription medicines such as opioids and benzodiazepines – you can drive as long as you aren’t impaired and have been legally prescribed the medication.
The other complication is THC can remain detectable for up to weeks after it was last consumed. This effectively excludes patients using medicines containing any level of THC from driving; lest they risk prosecution.
In May this year, the Victorian Government announced it was partnering with Swinburne University of Technology to undertake a previously promised trial to investigate related road safety risks. But that won’t be completed until 2026. And even if a lifting of the ban is recommended, it will be some time before laws are adjusted.
There have been calls for related prosecutions be put on pause until the trial is over – including from the Australian Lawyers Alliance (ALA).
In his expert report tabled this week, former magistrate Tony Parsons didn’t go that far, but has recommended giving courts judicial discretion not to cancel the licences of medicinal cannabis patients who have been charged with THC related driving offences.
However, his report states:
“Presenting a positive test for THC while driving would remain an offence, other penalties for this offence would also remain in place. The interim proposal above would act as a bridge between the present legislation and the findings of a closed-circuit driving trial.”
David Ettershank MP, who has been very active in securing a fairer arrangement for medical cannabis patients, commented:
“Based on in-depth consultations with legal, medical and law enforcement experts, the report makes clear that the vast majority of stakeholders think loss of licence should not be mandatory, but magistrates should be able to exercise discretion for medicinal cannabis prescription holders,” he said. “We urge the government to act now — so magistrates have discretion and do not have to impose an automatic loss of licence.”
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