From today, Victorian users of medicinal cannabis will no longer automatically face the loss of their driving licence if they are found with traces of the substance in their system. Individuals who test positive during random roadside checks will now be allowed to contest their results in court by presenting their prescriptions.
Magistrates will have the discretion to consider the context when sentencing those who test positive for tetrahydrocannabinol (THC), the active component of cannabis. Prior to this legislative change, any presence of THC, even in minute quantities, could result in an automatic six-month licence suspension for first-time offenders, leaving many medicinal users anxious about their legal standing.
David Ettershank, a Member of Parliament from the Legalise Cannabis Victoria party, hailed the decision as a victory for common sense. He noted that the previous laws placed medicinal cannabis patients in a precarious position, with magistrates lacking the authority to differentiate between therapeutic use and impairment.
Starting March 1, magistrates will be able to rule on cases based on the driver’s prescription and whether they were impaired while driving. This flexibility acknowledges that THC can linger in the system for days, even after use, complicating the situation for legitimate patients.
Rachel Payne, another MP from the same party, stressed the urgency of this law change. She noted that THC does not impair driving performance for extended periods, yet saliva tests can return positive results long after cannabis consumption. As a medicinal cannabis user herself, she expressed relief at the new regulations, which release her from the constant worry of losing her licence due to trace amounts of THC.
In a related initiative, the Victorian government has allocated $4.9 million to Swinburne University for research aimed at assessing cannabis-related driving impairment. Over the coming year, researchers will involve 96 drivers in tests that will evaluate their ability to maintain speed, control, steering, braking, and manage distractions while under the influence of medicinal cannabis. The outcomes of this study are expected to be reported later this year and may lead to further recommendations regarding cannabis use and driving safety.
This development marks a significant change in Victorian law, reflecting a more compassionate approach towards medicinal cannabis patients while aiming to balance road safety.