Major new drug driving reform goes into effect in Victoria

A state has passed new cannabis rules meaning drivers will no longer automatically lose their license if they fail a mobile drug test.

Victorians will no longer automatically lose their license if they are busted with cannabis in their system, but there’s a major catch.

Starting from today Victorian medicinal cannabis users will no longer automatically lose their license with the courts now allowed to show discretion.

The change is set to impact around 1.8 million people who have a medicinal cannabis prescription, as drivers who test positive in a random roadside test for the illicit substance giving the opportunity to appear in court and present their prescription.

Victorians will no longer automatically lose their license if they fail a roadside drug test. Picture: NewsWire / David Geraghty

Magistrates will have the power to use their discretion when sentencing people who have tested positive for tetrahydrocannabinol (THC).

Legalise cannabis MP Rachel Payne said it is important Victorian drivers understand the new rules.

“It’s important for drivers to know that it will still remain an offence for a medicinal cannabis patient to drive with cannabis in their system,” she said.

“The new law simply provides a court with discretion not to cancel a driver's licence where the driver has a current script and has taken their medication in accordance with their doctors’ advice.”

Ms Payne says the changes will be incumbent upon police to prove that the patient did not have a current script or had not taken their medication in accordance with their doctors’ advice.

The changes come as the drug might last longer in a persons system than they are impacted by the drug. Photo: Police / Supplied

The changes come as the effects of THC, found in medicinal cannabis, only last a few hours, but its presence can be detected long after consumption.

This means a patient who takes medicinal cannabis could test positive in a roadside drug test, even though they might be driving unaffected.

Legalise Cannabis Victoria MP David Ettershank said the changes are a win for common sense.

“The new law simply provides a court with discretion not to cancel a driver's licence where the driver has a current script and has taken their medication in accordance with their doctors’ advice,” he said.

Mr Ettershank said a court can still decide whether to cancel and disqualify the licence of a medicinal cannabis patient. The new law just means that licence cancellation is not mandatory.

Originally published as Major new drug driving reform goes into effect in Victoria