Benjamin Wayne Sullivan: businessman stung by drug driving laws despite medical cannabis prescription

A Gold Coast DJ’s lawyer has claimed legislators have created an “absurd situation” for people like his client, who cop fines and are issued disqualified licenses. Read what happened here.

Gold Coast lawyer Michael McMillan in front of Southport Court. Picture: Adam Head

A medical marijuana prescription didn’t prevent this Gold Coast DJ and owner of five businesses from being hit with a fine after he was caught driving with cannabis in his system.

Benjamin Wayne Sullivan, 30, pleaded guilty to driving while a relevant drug was present in his saliva when he appeared in the Southport Magistrates Court on Tuesday, May 27.

The court heard delta-9-tetrahydrocannabinol (THC), the primary psychoactive compound found in cannabis, was found in his system.

Benjamin Wayne Sullivan pleaded guilty to driving while a relevant drug was present in his saliva. Picture: Facebook

The court heard police intercepted a vehicle on the Bruce Highway at Duckinwilla at 2.52pm on January 1, 2025.

Sullivan, the driver of the vehicle, submitted to a roadside drug test, and was taken to Howard Police station after returning a positive result.

The court heard the Broadbeach Waters man made admissions in relation to recent drug use.

Sullivan submitted to a secondary drug test which indicated the presence of a relevant drug in his saliva.

Sullivan’s lawyer Michael McMillan described the current matter before the court as “just one of those absurd situations that legislators have created” where a person can lawfully take medicated marijuana but are punished for driving if it’s detected in their system.

Sullivan’s lawyer Michael McMillan (pictured in 2012) said the matter was “just one of those absurd situations that legislators have created”. Picture: Nathan Richter

He noted medical cannabis users can perform surgery or stand at a bar table with the drug detected in their system but as soon as they get behind the wheel, they are punished.

Use of medicinal cannabis is legal if prescribed by a nurse or medical practitioner who has the necessary Commonwealth authority or approvals, however it is illegal in Queensland for motorists to drive with any trace of THC in their system regardless of any prescription.

In 2022 more than half of Queensland motorists busted for drug driving in roadside tests had THC-related results.

Medicinal cannabis can be legally used if prescribed by a medical nurse or practitioner with the necessary authority or approvals. Picture: (AAP Image/Renae Droop)

Mr McMillan noted cannabinoids can be detected in the system long after they have been used.

He asked Sullivan be disqualified for the mandatory minimum of one month and issued a restricted work licence to travel for any of the five businesses he owns.

“It offsets the unusual circumstances that he and a lot of people unfortunately find themselves in with this medical marijuana restrictive issue,” Mr McMillan said.

Magistrate Veena Goverdhan decided refusing Sullivan a work licence would cause him extreme hardship and noted his limited traffic history.

Sullivan was permitted to drive 24 hours, seven days a week for any activities related to his businesses, provided he maintained a log book.

He was convicted and fined $250.

He was disqualified from holding a drivers licence for one month.

No conviction was recorded.

Originally published as Benjamin Wayne Sullivan: businessman stung by drug driving laws despite medical cannabis prescription