30th of May 2024, 6:00pm
Legislative Council of Victoria, Spring Street, Melbourne
David ETTERSHANK (Western Metropoltian):
My adjournment is for the Minister for Roads and Road Safety. We know that thousands of Victorians rely on medicinal cannabis to live functional lives. We also know that Victoria’s manifestly unjust driving laws mean they must choose between taking their life-giving medication or driving, between taking their doctor’s advice or breaking the law.
The former Premier Daniel Andrews was very aware of this back in February 2023 when he stated that allowing unimpaired Victorians to drive after taking medicinal cannabis was a ‘significant priority’ for his government – a significant priority. He did not want anyone to avoid alleviating pain or other symptoms because they were too scared to take what had been prescribed to them because we do not have updated drug driving laws. We were assured that this would be resolved in coming months.
Then in October 2023 there was the announcement of a world-leading trial on the effects of medicinal cannabis on drivers. With all the research and trials previously undertaken, coupled with this being a significant priority for the government, we were assured that this would be wrapped up by Christmas 2024. Reform was imminent. So you can imagine the shock, the sense of utter betrayal felt by medicinal cannabis patients on hearing that this trial will now not be completed until at best mid-2026, effectively meaning no change before the next state election.
Medicinal cannabis patients have been waiting for eight years for this government to reform the drug driving laws and now must endure another three years of legal limbo. Where is the bold, progressive Labor government that led the way in 2016 by legalising medicinal cannabis. They seem to have lost their bottle, because this decision reeks of pure cowardice.
Let us be clear: the current laws are unjust and discriminatory. Unimpaired drivers on prescription medication who follow the directions of their doctor should be allowed to drive. It is how we treat every other prescribed medicine except for medicinal cannabis. It is not based on evidence, science or any harm reduction measures. It is arbitrary, and it is discriminatory.
The government cannot simply kick the can down the road. I call on the minister to shorten the timelines so that this trial can be completed promptly, with meaningful reform introduced in the next year.
Written Answer
Received: 25 June 2024
Hon. Melissa Horne MP
(Minister for Casino, Gaming and Liquor Regulation, Minister for Local Government, Minister for Ports and Freight, Minister for Roads and Road Safety)
The passing of the Transport Legislation Amendment Bill 2023 last October was required to permit medicinal cannabis users to drive within a closed-circuit system under supervision of qualified instructors for the purpose of conducting research.
As you are aware it remains an offense in Victoria to drive whilst impaired from any substance, including any form of prescription medication. Under current Victorian drug driving regulations, it is an offence for a person to drive with any trace of THC in their system, even if they have a valid prescription from their doctor. On average, 15 per cent of fatally injured drivers over the past five years in Victoria had THC in their system and analysis conducted by the Victorian Institute of Forensic Medicine shows THC increases the risk of being involved in a crash.
It is crucial to assess, investigate and understand the impact of consuming medicinal cannabis as prescribed, as well as any potential safety risks using reliable, place-based evidence to inform future decisions. No decision has been made at this time on whether or not Victoria will permit people who are prescribed medical cannabis to use the road network.
As previously advised, The Department of Transport and Planning has awarded Swinburne University of Technology the tender to coordinate the closed-circuit track trial. The first driving assessment of the trial will commence in the second half of 2024, with the trial’s completion expected within 18 months from the initial drive.
These outcomes of the track trial will add to the data and knowledge we need to determine if Victorians who are prescribed medical cannabis (containing THC) can be in control of a vehicle without compromising their safety, or the safety of other road users.
With an informed evidence base, the Government is committed to investigating approaches that could potentially strike a fairer balance between the driving needs of those on medicinal cannabis for legitimate purposes and the road safety risk to all road users associated with THC.
[ENDS]
