Medicinal cannabis became legal in Victoria in 2016, but thousands of patients risk losing their licence because our road laws have not been updated to accommodate this medical innovation.
Between 300,000 – 500,000 Australians are prescribed medicinal cannabis to treat conditions including MS, cancer and endometriosis, as well as insomnia and anxiety.
The effects of the tetrahydrocannabinol (THC) found in medicinal cannabis only last a few hours, but its presence can be detected long after consumption. So, you can test positive for having mere traces of THC in your system and automatically lose your licence for 6 months, even if your driving is unaffected.
A legal defence already exists for patients in Tasmania, where there has been no increase in accidents or fatalities since its introduction.
The Victorian Government’s 18-month trial to test the effects of medicinal cannabis on driving will leave medicinal cannabis patients in limbo for at least two years.
Legalise Cannabis is calling for medicinal cannabis to be treated the same as all other prescribed medications – drivers should not be prosecuted if they take their medication as directed by a doctor and they are not impaired when driving.
After introducing a motion in Parliament which calls on the Victorian Government to immediately establish a legal defence for medicinal cannabis prescription holders who are charged with the presence of drugs in their system, the Victorian Government is reviewing a report which supports the proposal.
Watch our #LetPatientsDrive video series to see how this law if affecting people’s lives.
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FAQs
Q: What are we proposing?
A: We believe two years is too long for medicinal cannabis patients to wait to get their lives back. Our motion in Parliament calls on the Government to immediately establish a legal defence for medicinal cannabis prescription holders charged with the presence of drugs in their system, if they were taken in accordance with a prescription and were not impaired when tested, and ensure this defence operates until the completion of the driving trial and subsequent legislation is passed by the Parliament.
Q: What does research say about the effects of medicinal cannabis on driving?
Research shows CBD is completely safe for driving, and the effects of products containing THC fade within hours. When used in accordance with your Doctors advice, Medicinal Cannabis can be used safely.
Sources: Manning et al (2024): A semi-naturalistic open-label study examining the effect of prescribed medical cannabis use on simulated driving performance
Q: If medicinal cannabis patients are allowed to drive, does that mean they would be allowed to drive impaired?
No, a medical exemption would not exempt people who are driving while impaired.
