State Government reviews drug driving laws after medical cannabis legalisation

The review of Queensland’s drug driving laws will probe ways to allow medical cannabis users to hit the road, the state government has revealed, after new statistics were tabled in parliament.

More than half of motorists busted drug driving in roadside tests have cannabis-related chemicals in their system, as the state government now looks at ways to allow medicinal users to hit the road.

The government has confirmed its review of Queensland’s drug driving regime will now be done by next year, as they investigate how to measure the impairment of motorists beyond just alcohol use.

New figures, recently tabled in state parliament, reveal there were 10,817 positive drug tests by the roadside in Queensland in 2022, with 6,961 THC-related.

Between all of 2015 and 2022, there were 50,666 THC-related results off the back of 84,248 positive roadside drug tests.

And when it came to the prosecution of drug driving offences, there were more than 51,000 prosecutions between 2015 and 2022 that related to THC – the equivalent of 123 every week.

The numbers do not specify whether any of the results related to medicinal cannabis.

Medical cannabis being brown at a legal facility. Picture: Darren Leigh Roberts

The new figures come amid the ongoing drug testing regime review, which is looking at whether drivers who take medicinal cannabis should be allowed to legally drive if they are not impaired.

Transport Minister Mark Bailey said medicinal cannabis had a “genuine health use” for those managing pain – and pointed out some forms of the drug caused no impairment, but still showed up on roadside drug tests.

“My department is looking at other jurisdictions in Australia, as well as other countries for potential advances to roadside drug testing to measure impairment beyond alcohol use,” the Minister said.

“As science and technology advances, I’m hopeful we can find a workable solution for improved roadside drug testing that maintains a hard-line on road safety but allows people managing pain who are not impaired to drive and access services.

Transport Minister Mark Bailey. Picture: Liam Kidston

“We’ll be using the advice from global experts and looking at world’s best practices to guide any decisions on this issue.”

Mr Bailey acknowledged it was a “complex issue” and insisted there would be no compromise on road safety.

“Drug driving is a serious issue in our community as one of the fatal five and sadly has been a factor in a significant number of serious crashes and fatalities in Queensland,” he said.

It is illegal for motorists in Queensland to drive with any trace of THC in their system. THC can be found in medicinal cannabis products.

Greens MP Michael Berkman – who has been pushing for changes to the drug driving testing regime – said he was glad the government was looking at ways to measure impairment.

“I’m regularly contacted by people who use medicinal cannabis to manage pain and suffering associated with conditions from cancer to severe PTSD,” he said.

“They are desperate for these laws to change.

“It’s just cruel to force people to choose between enduring suffering without relief, or giving up their licence and potentially losing work and other opportunities.”