1st of November 2024, 9:30am
Victorians prescribed medicinal cannabis to manage cancer treatment, multiple sclerosis and other medical conditions will soon be able to drive without fear of mandatory loss of licence – if unimpaired behind the wheel.
Legalise Cannabis Victoria has secured an amendment in the Upper House to allow magistrates to exercise sentencing discretion for drivers who test positive for the cannabinoid chemical tetrahydrocannabinol (THC), if they hold a valid prescription for medicinal cannabis and are unimpaired while driving.
Legalise Cannabis MP David Ettershank congratulated the Allan government for supporting the change, expected to come into effect on March 1, 2025.
“Roadside saliva tests can detect tiny traces of THC more than a week after consumption, but these miniscule remnants have negligible impact on driving ability,” Mr Ettershank said.
Old laws meant a mandatory loss of licence even if the driver wasn’t impaired
“Under the old law the mere presence of this remnant chemical meant a compulsory loss of licence for six months and a steep fine, but the driver had only taken their medicine as directed by their doctor,” he said.
“This change means a current prescription holder, who is unimpaired and has taken their medication as directed, can appear before a magistrate, explain their circumstance and the magistrate can allow them to keep their licence.
“The presence of THC in the system remains an offence, the only change is that magistrates will be given this discretionary power.”
Medicinal cannabis patients will have the right to a day in court
Legalise Cannabis MP Rachel Payne said magistrates exercise this sort of judicial discretion every day for a range of driving charges and the amendment simply extended this same right – ‘a day in court’ to medicinal cannabis patients.
“That is wonderful news to the thousands of Victorians who have been prescribed medicinal cannabis,” Ms Payne said. “No other prescribed medication is screened for by police. This is justice for medicinal cannabis patients.”
She said she knew of medicinal cannabis patients who were so afraid of losing their licence they did not take their medication and instead suffered pain.
“Change was needed, and I commend the Allan government for showing leadership and courage and seeing this through,” she said. “Today’s change will save thousands of people heartache and pain in the future.
“I also know many people grappling to control pain who want to try medicinal cannabis, as other prescribed medications have not worked for them. I am exceedingly happy that these people will now be able to take this medication, live without pain and no longer be subjected to a mandatory loss of license if they fail a roadside test. I say thank you to the Allan government.”
Medicinal cannabis patients welcome the law change
Will from the outer north of Melbourne is a truck driver who was prescribed medicinal cannabis to manage the pain of scoliosis. He never drove while impaired but lost his licence in 2020 after testing positive at a roadside drug test. Unable to drive, he lost his trucking business and his home. He, his wife and child now live in a rented property.
Will is glad magistrates now have discretionary powers when medicinal cannabis patients appear in court.
“This is effective medication,” Will said. “For me, medicinal cannabis means less pain. It allows me to sleep properly. Everyone needs a good night’s sleep, I’m more alert, more present, my concentration is excellent. Whereas treating pain with opiates has many negative knock-on effects.
“It [my loss of licence] had a huge toll of me. I lost my house and business because of a roadside drug test. People should not be penalised for taking a legal medication that works so well when you are trying to manage pain. It’s just a better alternative to opiates.”
Alice Davy from outer western Melbourne is a single mother with stage-four endometriosis and Multiple Sclerosis who uses medicinal cannabis.
She has also welcomed the change giving magistrates discretion when a medicinal cannabis patient is before them, and she has a message for the Premier.
“Thank you for listening to patients. Changing these outdated laws and providing magistrates with discretionary powers will mean patients who are too afraid to take their prescribed cannabis, can now do so,” she said.
“Medicinal cannabis is the only option for many Victorians, that’s my first-hand experience. I’m glad the government is now helping people rather than prosecuting them for taking a prescribed medication. From the bottom of my heart, thank you”.
Ms Davey tried an array of medications but found medicinal cannabis offered her the most relief. “I was very sick; cannabis saved my life. I now maintain a healthy weight. I’m calmer for my kids and the severe tremor in my right hand is gone,” she said.
Alice never drives when she is impaired. “I follow my doctor’s directions – a doctor is the expert to tell you how to take a medication and its safe usage” she said.
New report on the need for legal discretion
On Wednesday [November 30] Mr Ettershank tabled a report in parliament considering a judicial discretion for medicinal cannabis prescription holders, unimpaired while driving but who failed roadside drug tests.
The report was prepared by the former Supervising Magistrate of the Victorian Drug Court, Tony Parsons. The Consultation Report: Medical Cannabis and Driving in Victoria, An Interim Proposal for Law Reform was based on in-depth consultations with legal, medical and law enforcement experts, with the majority indicating that loss of licence should not be mandatory.
“As the proposed reform discusses, a level of inequity exists for Victorian motorists who are prescribed medicinal cannabis,” Mr Parsons wrote. “Currently, Victorians with a valid doctor’s prescription for medicinal cannabis, who take that medication as instructed, are sanctioned for taking their medicine if they return positive roadside test, even in the absence of any evidence of impairment. They have committed a criminal offence by virtue of the drug’s presence in their system alone. No other prescribed medicine is treated in this way in Victoria.”
