After a motion calling on the Victorian Government to consider legislating a medical defence enabling patients prescribed medicinal cannabis to drive passed State Parliament, New South Wales has been urged to do the same.
In most Australian states and territories, it’s illegal to drive with any level of the intoxicating cannabinoid THC in your system. This is regardless of having a prescription and a lack of impairment. The challenge is that THC can remain detectable for days or even weeks after it was ingested. This means patients using medications that contain even trace levels of THC have to make the choice between taking their medication or driving; or risk prosecution.
The hypocrisy of the law is that patients are free to drive while using heavy-duty legally prescribed opioids, and will only be prosecuted if impairment is detected.
In August 2023, the Victorian Government announced a trial to investigate the road safety risks of use of medicinal cannabis with THC while driving. But after delays, the closed-circuit trial will run until mid-2026. And with a state election following in November that year, it doesn’t leave the government sufficient time to formulate a policy and pass legislation.
Legalise Cannabis Victoria MPs David Ettershank and Rachel Payne have been campaigning for fair driving laws sooner rather than later, backed by Australian Lawyers Alliance. The party’s motion on medicinal cannabis driving laws and the need for a legal defence were debated on July 31, and the motion ultimately passed.
“The Government supported our motion and will report back by mid-October after a period of expert consultation,” said Legalise Cannabis Party MP David Ettershank. “This is the first Australian parliament to affirm the right of medicinal cannabis patients who are unimpaired to drive.”
Following the successful vote, Legalise Cannabis MP Jeremy Buckingham encouraged the New South Wales State Government to follow suit; saying that NSW Premier Chris Minns and Roads Minister John Graham have indicated support for treating medical cannabis the same as other prescription drugs.
“No-one is defending people who get behind the wheel when they are impaired,” said Mr. Buckingham last week. “It’s plain wrong that people are pushed onto far more dangerous opiates to treat their condition, simply because cannabis was an illegal drug when the driving laws were made.”
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