Victorians prescribed medicinal cannabis will soon be able to drive without fear of mandatory loss of licence if unimpaired behind the wheel.
On October 31, Legalise Cannabis Victoria 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 and Western Metro MP David Ettershank said the change, which comes into effect on March 1, 2025, is a fantastic result.
“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,” he said.
“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.
“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.”
Alice Davy from Melton is a single mother with stage-four endometriosis and Multiple Sclerosis who uses medicinal cannabis.
She has also welcomed the change.
“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 Changing these outdated laws and providing magistrates with discretionary powers will mean patients who are too afraid to take their prescribed cannabis, can now do so,” she said.
Ms Davey had tried an array of medication, 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.“
