19th of February 2025, 12:36pm
Parliament of Victoria | Legislative Council
David ETTERSHANK (Western Metropolitan Region):
My question is to the Minister for Roads and Road Safety in the other place, represented by Minister Shing. We welcome changes to the Road Safety Act that will offer a modicum of justice to the thousands of medicinal cannabis patients who have been nervous about driving while taking their prescribed medication, and we commend the government on its reforms.
The changes come into effect on 1 March and will replace the mandatory loss of licence for a person found with THC in their system at a roadside drug test, instead allowing a magistrate discretion not to automatically cancel the person’s licence if they are unimpaired when tested and have an up-to-date script for medicinal cannabis.
We ask: what is the government doing to inform patients and the wider community of this important reform?
Harriet SHING (Eastern Victoria Region – representing Minister for Roads and Road Safety in the Legislative Assembly):
Thank you very much for that question, Mr Ettershank. As you rightly point out, I have responsibility for referring matters on to the relevant minister in the other place, and I will do so for a response in accordance with the standing orders.
David ETTERSHANK (Western Metropolitan Region):
I thank the minister for her assistance. The process for a patient to have their matter heard before a magistrate if they have tested positive for THC while driving is not as straightforward as one might suppose.
A driver may not know that if they do nothing their licence will automatically be suspended or that they have to elect to have their case transferred to the Magistrates’ Court.
We ask: what is the government doing in terms of providing easy-to-access legal guidance to prescription holders who are found to have THC in their system during a roadside drug test?
Harriet SHING (Eastern Victoria Region – representing Minister for Roads and Road Safety in the Legislative Assembly):
Thank you, Mr Ettershank. Again I will seek an answer from the minister in accordance with the standing orders.
Written response received 3rd of March, 2025
I thank the Member for Western Metropolitan Region for his questions.
The use of medicinal cannabis and driving is a complex issue. The Allan Labor Government is focused on ensuring safety for all road users. We are running the Medicinal Cannabis and Safe Driving Closed Circuit Track Trial – a world-first trial to better understand the effects of THC prescribed medicinal cannabis on the driving performance of patients.
From 1 March, it remains an offence in Victoria to drive with THC in your system. Our focus is on ensuring information is provided to the medical community to help their patients understand the impairing effects of THC, so that drivers have the information they need to make informed decisions and keep themselves and others safe on the roads. We’ll also have information on the Transport Victoria website about this change and provide our health and key road safety partners with information to help explain what it means for drivers.
It is important to highlight that driving with any detectable amount of THC remains an offence. Any driver detected with THC, whether recreation or medicinal, will be subject to a drug driving charge and associated fine.
The amendment will, however, provide Magistrates with discretion regarding a licence cancellation for anyone with a medicinal cannabis prescription should they wish to contest the licence cancellation in court. Contesting the licence cancellation in court will enable Magistrates to consider all available evidence including evidence of impairment to decide.
Hon Harriet Shing MP
Minister for the Suburban Rail Loop
Minister for Housing and Building
Minister for Development Victoria and Precincts
