In the Australian state of Victoria, medicinal cannabis prescription holders testing positive for THC while driving are now protected from automatic loss of their driver’s licence. But it will still be an offence.
While the THC impairment window associated with a moderate to high dose only lasts between an estimated 3 to 10 hours, THC can remain detectable up to weeks after it was last consumed. Prior to March 1, drivers found with detectable levels of THC faced a minimum six-month cancellation of their licence, and also had to apply to the court to be relicensed.
In November last year, the Victorian Parliament passed a Road Safety Act 1986 amendment giving courts discretion in relation to driver’s licence cancellation in such cases. This discretion assumes a valid prescription is held, the patient was using their medicinal cannabis in accordance with the prescription, and was unimpaired at the time.
“From March 1 magistrates have the power to say, ‘You are a medicinal cannabis patient, you have provided your current script, and you weren’t impaired behind the wheel – you can keep your licence’,” said Legalise Cannabis MP David Ettershank.
But courts will retain the authority to impose a fine or cancel a licence. While the change isn’t perfect as it still means a trip to court, it’s a start says Legalise Cannabis Victorian Senate candidate Fiona Patten.
“The new law still treats medicinal cannabis patients very differently to patients taking other possibly impairing medicine, like strong opiates and benzodiazepines, but it is a step in the right direction. It has been a long time coming.”
A fact sheet prepared by the Fiztroy Legal Service can be accessed here.
The Victorian Government also commissioned a medical cannabis road safety trial, which finally got under way late last year. But the results of this research aren’t expected to be available until the middle of next year. Depending on the results, the government may consider wider reform that will see medicinal cannabis being treated like any other prescribed medication.
Across much of Australia, it is an offence to drive with any detectable level of THC. The exception is Tasmania, and only if the product was obtained and administered in accordance with the Poisons Act 1971. Many medical cannabis advocates say the rest of Australia should follow Tasmania’s lead.
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