Allan govt heeds AFL coaching greats’ call for urgent driving law change
The Allan government has reversed its stance and is seeking to give medicinal cannabis users a legal defence that would let them drive without the threat of losing their licence.
Victoria
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The Allan government is looking to give medicinal cannabis users a legal defence that would let them drive without the threat of losing their licence.
In a backflip on their initial stance, the government on Wednesday offered an in-principle agreement to overhaul Victoria’s driving laws after AFL coaching greats Damien Hardwick and Alastair Clarkson called for an urgent change.
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.
Despite the potential effects of cannabis having been abated by morning, traces of the drug will remain in a person’s system for weeks and will likely be picked up in a roadside drug test. There is no universally accepted technology to test for impairment instead.
In parliament, the government committed to developing a proposal which would establish a legal defence for prescribed medicinal cannabis patients who are charged with having the presence of THC in their system while driving, provided they’re not impaired by the drug.
North Melbourne coach Alastair Clarkson had called on Victorians to urge the government to establish a legal driving defence.
Clarkson uses medicinal cannabis to treat a “chronic and uncomfortable flare of pain” that he gets after exercising.
“I’ve got problems associated with wear and tear in the joints in my feet and my lower back,” he said.
“Australian athletes are highly susceptible to injury and deserve the right to access effective, safe pain medication. Those who are eligible for medical cannabis should not be discriminated against for their choice to take their prescribed medication.
“The road rules must be updated to give every Australian medical cannabis patient the freedom to take their prescribed pain relief without fear of losing their right to drive.”
Gold Coast coach Damien Hardwick has also turned to using medicinal cannabis after a bike injury 10 years ago.
“What we’re asking for is the same treatments that Tasmanians enjoy,” he said.
“In Tassie, you can drive a car with THC in your bloodstream on two conditions – firstly, that you’re not impaired and secondly that you have a prescription for medicinal cannabis.”
Both Mr Clarkson and Mr Hardwick sit on the Levin Health Sports Advisory Board alongside Australian basketballers Lauren Jackson and Andrew Bogut, and NRL star Andrew Johns.
The Australian company is looking at ways to commercialise medicinal cannabis for the treatment of pain and mental health disorders.
The public callout is part of a video by the Cannabis Council Australia as part of the Let Patients Drive campaign.
The Allan government has already green-lit an 18-month trial, which will start next month and allow 70 medicinal cannabis users to drive on an off-road track.
It’s unclear whether the trial will go ahead if a legal defence scheme is enacted.
One day prior to flagging its openness to give drivers a legal defence, the government said: “We will never compromise on road safety, and that’s why we’ve engaged Swinburne in this world-first trial to take an evidence-based approach to ensure we get this right.”
Penington Institute CEO John Ryan said the promise of a legal defence is a “major development and a win for medicinal cannabis patients”.
“It is heartening to see the Victorian government stand up and acknowledge the flaws with the existing policy,” he said.
“Medicinal cannabis patients who are not impaired and are using their medication as directed by their doctor should be entitled to the same legal protections currently afforded to patients taking other prescribed medications. People should not have to decide between their medicine and mobility.”
Originally published as Allan govt heeds AFL coaching greats’ call for urgent driving law change
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