Push for change to driving rules for medicinal cannabis users

Drivers found with medicinal cannabis in their system wouldn’t automatically lose their licence under a key proposal in a report tabled in parliament.

Motorists who drive with medicinal cannabis in their system would not automatically lose their licence as part of a key recommendation outlined in an expert report tabled in parliament.

The report, written by former supervising magistrate of the Drug Court Division Tony Parsons, has called for magistrates to be given immediate discretion to not cancel the licences of drivers found with the drug in their system.

The state government has already green-lit an 18-month trial to let 70 medicinal cannabis users to drive on an off-road track to determine whether a permanent change could be made.

In 2016, Victoria became the first state to approve the use of weed for medicinal purposes. Picture: NCA NewsWire

But Mr Parson’s interim recommendation would come into immediate effect and act as a bridge between the present legislation and the findings of the closed-circuit driving trial.

Presenting a positive test for THC — the psycho-active compound in cannabis — would still remain an offence, and other penalties — such as fines — would still apply.

However, rather than mandating immediate licence disqualification, the report has called for the courts to have “judicial discretion to not interfere with the motorist’s licence if that person is prescribed medicinal cannabis”.

“In exercising the discretion a court may consider, on a case by case basis, whether there was any evidence that the person’s driving was impaired, were they taking their prescribed medication in accordance with their doctor’s advice, whether there is a history of unacceptable driving or other behaviour etc,” the report stated.

“The proposed reform’s focus on license disqualification is a response to a significant body of anecdotal data on the often very significant impact of license loss on medicinal cannabis users.”

In 2016, Victoria became the first state to approve the use of weed for medicinal purposes, but it has remained a criminal offence to drive with THC — including from medicinal cannabis — within their system.