28th of May 2024, 1:20pm
Legislative Council of Victoria, Spring Street, Melbourne
David ETTERSHANK (Western Metropolitan):
That this House notes that —
(1) medicinal cannabis has been legally prescribed in Victoria since 2016 and has provided life changing relief for hundreds and thousands of Victorians;
(2) Victoria’s driving laws treat medicinal cannabis patients like criminals, causing many to live in fear and avoid their medication, putting their health at risk;
(3) no other legally prescribed medication attracts this type of discrimination;
(4) roadside drug testing is not a reliable safety tool as it only tests for presence and not impairment, which meant that in 2022-23 over 7,000 Victorians were charged for presence alone, compared to around 100 tested and charged for impairment;
(5) the Government has already funded —
(a) a report by the Medicinal Cannabis and Safe Driving Working Group;
(b) a Monash University study into drivers who use medicinal cannabis;
(c) two Swinburne University of Technology studies into roadside screening for medicinal cannabis products;
(d) a driving trial similar to the one proposed by the Government;
(6) the Government’s proposed driving trial is redundant and if they were serious about safety and impairment, they would include prescription drugs like opioids in this trial;
and calls on the Government to immediately establish a legal defence for medicinal cannabis prescription holders who are 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 that this defence operates until the completion of the trial and subsequent legislation is passed by the Parliament.
[Notice given on 28 May 2024 — Listed for 1 day]
