Victorian medicinal cannabis users will no longer automatically lose their licence if caught driving with traces of the drug in their system. Instead, magistrates have been given the power 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.
Cannabis has been a prescription drug in Australia since 2016 with the recent change coming after Legalise Cannabis Victoria advocated for medicinal cannabis patients to be treated like any other person on legally prescribed medication who is not impaired when driving. Where no evidence of impairment, a magistrate can review the facts of the individual case and consider whether to suspend or cancel the drivers licence under the new amendment. The amendment is an interim measure with broader reform being reconsidered once the closed-circuit driving trial in Victoria is completed.
Closed Circuit Driving Trial Victoria
The first test drive has taken place on the closed-circuit trial to investigate individuals who use medicinal cannabis in relation to driving abilities. METEC Driver Training in Bayswater is an 18-month trial conducted by Swinburne University of Technology, to assist in understanding how THC in medicinal cannabis impacts driving performance and how this translates into risks on the road – with a regional trial track set to also begin in Anglesea.
Researchers will review participants’ ability to manage distractions and assess their driving performance including steering, braking and speed control. The drivers will also be closely monitored throughout the trial and strict protections will be in place to make sure people at the track keep safe. A qualified driving instructor will be present in the vehicle at all phases of the driving assessments, with access to dual controls to intervene promptly if needed. The private driving course mirrors real-world conditions and is away from public roads. To qualify, participants must have been prescribed medicinal cannabis for a sleep disorder, chronic pain, or a mental health condition for at least six months. The trial will include pre and post-drive drug impairment screenings. To learn more about the track trial click here.
NSW
New research by the NSW Bureau of Crime Statistics and Research (BOCSAR) has found the number of people charged by NSW police for drug driving offences has grown significantly over the last decade. Between 2008 and 2023, the number of drug driving charges rose from an average of 102 per quarter in 2008 to 3,296 in 2023. This significant growth in charges followed the announcement of two expansions of the NSW Mobile Drug Testing (MDT) program, resulting in a rapid increase in testing volumes from around 20,000 to 156,000 tests per year. RDT is carried out in all Australian states and territories.
In New South Wales, a Road Transport Amendment (Medicinal Cannabis – Exemptions from Offences) Bill was proposed in 2021 but rejected in 2022 due to concerns with perceived increase risk of road safety risk.
Tasmania
Prior to the new amendment in Victoria, Tasmania was the only jurisdiction where patients had a medical defence if they tested positive to THC and had a valid prescription for medical cannabis. Driving with any detectable amount of THC is an offence, unless the product was obtained and administered in accordance with the Poisons Act 1971.
To read more about our drug testing devices and consumables click here. Alternatively, more information about drug laws in your relevant state can be found at: Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Tasmania, Victoria & Western Australia.
Article sources - ABC, BOSCAR, David Ettershank MP, Swinburne University, Press Release, Dept of Health Tasmania