Big change for Victorian drivers using medicinal cannabis
Medicinal cannabis users will no longer lose their licence automatically if they test positive on roadside drug tests in a major overhaul of the state’s driving laws.
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Medicinal cannabis users will no longer lose their licence automatically if they test positive on roadside drug tests in a major overhaul of the state’s driving laws.
Under the shift, Victorians prescribed medical cannabis to manage a range of illnesses and conditions, including cancer and multiple sclerosis, will be given the chance to plead their case in front of a magistrate if they’re caught with traces of the drug in their system.
Currently, legal cannabis users who test positive to cannabinoid chemical tetrahydrocannabinol, known as THC, while driving automatically have their licence suspended or cancelled.
The changes, which sailed through the upper house on Thursday night, will give magistrates the power to determine what penalty, if any, an affected driver is handed.
Medicinal cannabis users must hold a valid script with them and be unimpaired while driving to qualify.
Roadside drug tests can detect small amounts of THC even when a driver is unimpaired.
Cannabis Council Australia called the change the “single greatest shift in driving law reform” in Australia and a “giant leap forward” for medicinal cannabis patients’ rights in Victoria.
The Council released a powerful video campaign earlier this year featuring Victorian sporting legends Alastair Clarkson, Damien Hardwick and Damien Oliver to call for the driving law overhaul.
Hardwick celebrated the reforms on Friday, calling the decision “an important step forward”.
“The Victorian Parliament’s decision is an important step forward, setting a precedent for compassion and fairness in driving laws,” he said.
“Medicinal cannabis patients can begin to feel confident that their health choices won’t unfairly impact their lives.
“It’s a proud moment for all of us who have advocated for this change.”
Legalise Cannabis MP David Ettershank, who has been the driving force behind the law change, said the change was a “victory for common sense”.
“This is at long last, after many years, a realisation that medincainl cannabis is just that – it's a medicine,” he said.
“And that medicinal cannabis patients should and in future will have the same rights as any other patient.”
He thanked the government and the Liberal Party for their support, noting just one MP, independent Jeff Bourman, voted against it.
Cannabis Council Australia’s Industry and Government Engagement Lead, Matthew McCrone, said the decision was a “turning point for medicinal cannabis patients”.
“Victoria has recognised that medicinal cannabis patients deserve the same protections as any other person taking medication prescribed by their doctor,” he said.
“Judicial discretion in this area is a significant step forward, allowing courts to evaluate impairment rather than simply penalising medicinal cannabis patients for following their doctor’s guidance.”
Since 2019, almost 1.6 million medicinal cannabis prescriptions have been issued across the country.
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