Rachel questioned the Minister for Police on the criminalisation of medicinal cannabis patients via roadside drug-testing. Unlike with other prescription medications, medicinal cannabis patients risk charges if a positive THC result is produced in a roadside drug test.
THC can remain present in the body for a month or more, long after the effects have worn off. This means that patients can risk criminalisation for taking their prescribed medicine, despite lack of impairment.
Tuesday the 9th of December, 2025
Victorian Legislative Council
Rachel Payne (South-Eastern Metropolitan):
Substantive Question
My question is for the Minister for Police, represented in this place by the Minister for Casino, Gaming and Liquor Regulation. Earlier this month, Victoria Police announced they will conduct an additional 25,000 roadside drug tests every year, valued at $4.536 million. This brings the total number of annual roadside drug tests to 175,000. At the same time, medicinal cannabis patients who are driving while unimpaired continue to be at risk of being criminalised if they return a positive roadside drug test. So my question is: now that there are an extra 25,000 roadside drug tests every year, can the minister advise how many more medicinal cannabis patients will be criminalised?
Enver Erdogan (Northern Metropolitan – Minister for Corrections, Minister for Youth Justice, Minister for Victim Support):
Substantive Response
Thank you, Ms Payne, for that question and your passion on this issue. I will pass on that question to the Minister for Police in the other place for a response in line with the standing orders.
Rachel Payne:
Supplementary Question
I thank the minister for referring that on. By way of a supplementary, I noticed that a lot of these roadside drug tests are actually in the south-east, but I cannot say I ever remember seeing them in Toorak or Brighton. So my question is: will these extra roadside drug tests target these currently underserviced communities?
Enver Erdogan:
Supplementary Response
Thank you, Ms Payne, for your supplementary question. I will make sure that it is passed on to the police minister for an appropriate response.
Written response received, 24th of February 2026:
All Victorians deserve to be safe and feel safe on our roads. Drug driving remains a significant road safety concern. The Allan Labor Government is committed to reducing road trauma, including deaths and serious injuries on our roads.
That’s why we’ve invested $21.1 million to boost road policing operations, delivering increased drug testing capability and new technology. If you are doing the wrong thing on our roads, you will be caught and you will face serious consequences.
In terms of medicinal cannabis, this Government is undertaking a world-first driving trial to inform any changes to the current legislative settings.
Our Government acknowledges the increasing role of medicinal cannabis as a therapeutic option. Last year we introduced an amendment to provide Magistrates with discretion regarding a license cancellation for anyone with a medicinal cannabis prescription should they wish to contest the license cancellation in court.
Only the Allan Labor Government invests in frontline public services and new solutions to keep hard working Victorians safe on our roads.
