Proposed reforms to allow drivers with ‘prohibited chemicals’ in system on NT roads

Elle* needs medical cannabis to treat pain. She also needs to drive for work. Under current laws, she’s ‘running the gauntlet’ every time she gets behind the wheel.

Territorians using medical marijuana or other prescription drugs would be allowed to legally drive with trace amounts in their system under proposed reforms.

Elle (not her real name) works in alcohol and other drugs services in a remote Territory community, and has a medical cannabis prescription to manage period pain.

While she does not use often – and then only before bed – Elle knows she’s “running the gauntlet” by driving with trace amounts of THC in her system.

“It’s always a concern in the back of my mind,” she said.

“I need to be able to drive for my job, and I’ve previously had jobs where if I were to lose my licence, for instance, I would lose my job as well.”

Elle* could lose her license for driving and accessing her legal cannabis prescription. Picture: Mark Stewart

Elle says reforms allowing her to drive legally while managing her pain would give “peace of mind”.

“By and large, the people who hold medical marijuana prescriptions find a lot of benefit in it, and we’re broadly law abiding citizens who understand the distinction between driving three days after you’ve used cannabis, and driving immediately after you’ve used cannabis,” she said.

“The law wouldn’t change the fact that you shouldn’t drive under the influence.”

Former cop and Independent Blain MLA Mark Turner introduced the Traffic Legislation Amendment Bill to parliament last month, which would allow drivers to test positive for prohibited chemicals so long as they are not impaired, and are using the drug as directed by a doctor.

The reforms are unlikely to pass, with Labor’s political wing not yet settled on the issue and the CLP against it.

Mr Mark Turner called for the road laws to be made ‘substance agnostic’ as a matter of equity. Photograph: Che Chorley

Mr Turner said “modernising” road safety laws was a matter of “equality” and “compassion”.

“The fear of legal repercussions from driving has left many patients in a precarious position, choosing between their health and mobility,” he said when introducing the Bill.

“There are already amendments that allow those prescribed methadone as a heroin replacement to drive, or for those on certain amphetamines too – other compounds are no different.”

Mr Turner said he had no concerns about impacts on road safety, pointing to “ample data” from jurisdictions with existing laws, such as Tasmania and Canada, where there had been no noticeable shift in the road toll.

Peter Frazer, President of Safer Australian Roads and Highways (SARAH). Picture: Brenton Edwards

The Safer Australian Roads and Highways Group’s “gold standard” is no drugs or alcohol in the system of any driver, but President Peter Frazer said he would be guided by international research and the Australian Medical Association.

“As soon as people are using drugs, then they’re going to have an increased chance of having a crash,” he said.

“In the NT particularly, the rates of crashes are very high – not just by Australian standards but by international standards – so we have to step very carefully.

“We recognise people may need medical cannabis, or whatever treatment it may be, but we want to make sure it’s at the lowest level.”

Chief Minister Eva Lawler said it was an emerging issue and “any reforms need to be backed by evidence and research”.

“This is an issue that should be settled by science and not be influenced by politics – or any politician trying to play politics.”

Shadow Health Minister Bill Yan said the CLP prioritised safety and emphasised the “importance of adhering to medical advice concerning medication”.

“We recognise that certain medications may pose risks, impairing individuals’ ability to drive safely,” he said.

“It is our position to strictly prohibit driving under the influence of any substance, whether it be over-the-counter, complementary, prescribed, or illicit drugs.”