The Premier says any proposed changes would only apply to people who have a proven medical need to use cannabis

Premier Daniel Andrews says he is open to a proposed reform that would allow medicinal cannabis users to get behind the wheel.

Daniel Andrews says he is open to changing driving laws that would allow non-impaired medicinal cannabis users to get behind the wheel.

But the Premier said there was no quick fix to the issue because all available testing methods only pick up the presence of a drug, rather than whether it has actually impaired a driver.

“There are a number of complexities to this,” he said.

“But I think from a medicinal cannabis point of view, there are people who are not taking the medication that they need, because it’s a binary test – you either test positive or negative. There is no 0.5 for this.

“I’m not sure whether there’s a fix to that.

“It certainly proved difficult to find one during the last parliament, but I’ve always got an open mind to that.”

Reform on the state’s laws around marijuana laws is expected to be on the state’s political agenda given the Legalise Cannabis party secured two upper house seats.

Daniel Andrews says there are ‘a number of complexities’ to the proposed law change. Picture: David Crosling

Mr Andrews said that any proposed changes would only apply to people who had a proven medical need to use cannabis.

“This is particularly of importance to me for those that are lawfully using medicinal cannabis,” he said.

“This is not about opening the gates – or reform for the purposes of another cohort.”

Mr Andrews said he had spoken to former politician and cannabis crusader Fiona Patten and other advocates about the issue during the last parliamentary term.

“It was always put to the government that there’s a bunch of people who need – for whatever condition – but won’t use it because of this driving issue,” he said.

“We have to do a bit more work on that.

“If there is a way through, then fine, but it is a bit challenging because of the absence of a test that can, to a level of certainty, determine impairment as opposed to positive or negative.”

Asked if it was fair for recreational cannabis users to lose their license for drug driving despite taking the drug days earlier and not being impaired, Mr Andrews said: “Whether they’re fair or not – it’s not a legal product, so that’s the starting position.”

“That’s why my concern has naturally been drawn to those for whom it is a legal product,” he added.

Mr Andrews was asked if he would need to revisit cannabis reform – including legalising weed – given a large portion of the new look Legislative Council backed big changes to the law on drug issues.

“We’ve got no plans at this time to do that,” he said.

“That’s been our consistent position.

“At the end of the day the government has been given a clear mandate to get on and deliver all the commitments we’ve made.

“Some of those will require parliamentary approvals, many of them don’t.

“I don’t need to put a law in the parliament to recruit additional ambos, nor do I need to put a law in the parliament to continue to get on and build the Suburban Rail Loop … but there will be some matters that have to be approved by the parliament.

“We’ll do what we’ve always done – negotiate in good faith with each member of the crossbench and hopefully be able to put together those 21 votes.”

Greens and cannabis party hold balance of power

Two pro-weed politicians will likely team up with the Greens to hold the balance of power in Victoria’s new-look upper house, while Pauline Hanson’s One Nation party gained its first ever seat in the state.

The Victorian Electoral Commission on Wednesday finalised the 40 upper house MPs to sit in Victoria’s 60th parliament.

Labor secured just 15 positions in the Legislative Council – three less than it had at the beginning of the 2018 term.

It means the party – led by Attorney-General Jaclyn Symes in the upper house – will need to rely on support from six MPs to get their legislation over the line, with 21 votes needed to pass a law.

The Liberals, meanwhile, gained an extra two seats since the 2018 vote – now obtaining 12 seats, while the Nationals picked up an extra seat to bring the Coalition’s total to 14.

The Greens increased their representation fourfold, with three new MPs – Aiv Puglielli, Katherine Copsey and Sarah Mansfield, who is the party’s first Victorian regional MP – joining leader Samantha Ratnam in the upper house.

Ms Ratnam said the 2022 election was the Victorian Greens strongest state election result on record.

“This is a historic election result for the Greens,” she said.

“We’re in a position to push this Labor government to go further and faster on the issues that matter to all Victorians.

“We’re going to use that position from day one to get progressive outcomes.”

David Ettershank from the Legalise Cannabis party won a seat.

Legalise Cannabis party’s Rachel Payne was also elected.

Ms Ratnam said the minor party will continue to push the Andrews government to legalise weed, with the support of Legalise Cannabis, who picked up two seats for the first time.

Rachel Payne, who won in the southeastern metropolitan region, and David Ettershank, who claimed victory in the western metropolitan region, said legalising weed this term is a “realistic” prospect.

“Reform of the alcohol and other drugs area is long overdue. The legalisation of cannabis is an important part of that process … It’s time to end the nonsensical criminalisation of cannabis,” they said.

Animal Justice Party’s Andy Meddick failed to win back his seat, but his former chief of staff Georgie Purcell was elected for the party in the Northern Victoria region.

“I’m really going to feel Andy’s absence in the parliament and I really thank him for the opportunities over the past four years that he gave me to learn and grow in that place,” Ms Purcell said.

Ms Purcell said her biggest priority is to ban duck shooting and jumps racing, but said the party also wanted to legalise cannabis.

“I’m willing to work proactively with the government, I don’t want to hold them up on the things they have committed to but I do expect them to come to the table on some of the animal issues,” she said.

David Limbrick, from the Liberal Democrats, managed to hold his seat in the southeastern metropolitan region, but the anti-lockdown party failed to pick up any other seats, with former member Tim Quilty also booted out of his electorate.

Mr Limbrick said defending human rights will be a key priority during his coming term, as will be legalising cannabis.

“My advantage over other pro-cannabis parties is my ability to help bring conservatives over to support the idea,” he said.

“If we play our cards right, this will happen in this term.”

As predicted, Reason Party leader Fiona Patten lost her seat in the Northern Metropolitan region after former Labor Minister turned Democratic Labour Party MP Adem Somyurek snuck in to her spot.

Andy Meddick of the Animal Justice Party lost his seat. Picture: Getty

Former MP Bernie Finn – who became the leader of the Democratic Labour Party after he was dumped from the Liberals – was unsuccessful in his bid to be re-elected.

Controversial Liberal candidates Renee Heath and Moira Deeming were both elected in their respective electorates, as was Matthew Guy’s former chief of staff Nick McGowan and former IPA staffer Evan Mulholland.

Other new faces to join the Liberal ranks include Ann-Marie Hermans, Trung Luu and Joe McCracken, while Gaelle Broad joins Melina Bath as the Nationals MPs.

The Liberal Party’s new leader in the upper house, Georgie Crozier, officially claimed her seat, as did frontbenchers David Davis, Matt Bach and Wendy Lovell.

Labor’s former MP in Pascoe Vale, Lizzie Blandthorn, was successful in her move to the upper house, joining fellow ministers Ingrid Stitt, Gayle Tierney, Harriet Shing, Enver Erdogan and Jaclyn Symes in being elected.

Newcomers for Labor include Tom McIntosh, Michael Galea, John Berger, Ryan Batchelor and former Warrnambool mayor Jacinta Ermacora.

Former government MP Kaushaliya Vaghela, who became an independent after being booted from the party when she crossed the floor to vote against Labor, was not re-elected.

One Nation claimed its first seat in the Victorian parliament, with candidate Rikkie-Lee Tyrrell winning fifth place in the Northern Victoria region.

Ms Tyrrell, who manages a dairy farmer in the Murray-Goulburn area, said water and energy security would be her first priorities.

“Regional Victoria has been neglected under Dan Andrews, and needs strong voices in parliament. I will always fight for the best outcomes for regional Victoria,” she said.

“I’ll also work to ensure Dan Andrews is held to account for his authoritarian overreach during the Covid-19 pandemic, particularly his ruinous lockdowns.”

Derryn Hinch and his party failed to win one seat this election, with party representatives Stuart Grimley and Tania Maxwell both booted from their respective electorates.

Shooters, Fishers, Farmers MP Jeff Bourman was re-elected in the Eastern Victoria region, while Transport Matters MP Rod Barton and Sustainable Australia’s Clifford Hayes both lost their seats.