At midnight, on Saturday March 1, medicinal cannabis prescription holders will be protected from automatic loss of licence in Victoria – and the state’s Legalise Cannabis MPs, both medicinal cannabis patients, are counting down the hours until the law changes.
MP David Ettershank said nationally about 1.8 million medicinal cannabis prescriptions have been issued since 2016, and last year Australians spent close to a billion dollars on the medication.
“Going forward from tomorrow, if you test positive to THC while driving, you appear before a magistrate who can exercise their discretion,” Mr Ettershank said.
The amendment to the Road Safety Act allows magistrates to exercise sentencing discretion for drivers who test positive for the cannabinoid chemical tetrahydrocannabinol (THC) – if they hold a valid prescription for medicinal cannabis and are unimpaired while driving.
“Until now anyone prescribed medicinal cannabis lived in fear of losing their licence because under the old laws even trace amounts of THC resulted in a six-month loss of licence for a first offence and Victorian magistrates had no power to intervene.
“From March 1 magistrates have the power to say, ‘You are a medicinal cannabis patient, you have provided your current script, and you weren’t impaired behind the wheel – you can keep your licence’.”
MP Rachel Payne said the law change, approved by both houses of the Victorian Parliament late last year (and Labor and the Coalition), was much needed and totally rational.
“THC is only impairing for a few hours, but a saliva test will come up positive to THC days after consumption,” Ms Payne said.
“I am prescribed medicinal cannabis and like other patients, I am responsible and never drive in the hours after taking my medication, but I live in fear of being stopped by police and testing positive. There could be tiny traces of THC in my system. I just don’t know, but I’m so relieved that I will now be spared from automatic loss of licence.”
Mr Ettershank said he was prescribed medicinal cannabis to manage pain and sleeplessness.
“I can’t wait for this law change to come into effect,” he said. “Medicinal cannabis has been legal since 2016 and essential for so many people suffering debilitating conditions like chronic pain, MS and endometriosis.”
Legalise Cannabis Victorian Senate candidate Fiona Patten, a former member of the Victorian Parliament, put forward a bill in 2019 urging the state government to make this change.
“The new law still treats medicinal cannabis patients very differently to patients taking other possibly impairing medicine, like strong opiates and benzodiazepines, but it is a step in the right direction. It has been a long time coming,” she said.
“I am hopeful that Victoria will again lead Australia in assisting medicinal cannabis patients. In 2015 Victoria became the first state to legalise medicinal cannabis which led to the national legalisation of medicinal cannabis.
“And now we are the first state to move to enable medicinal cannabis patients to drive safely. I truly hope that other states adopt this modest legislative change.”
Alice Davy takes medicinal cannabis to manger her multiple sclerosis and endometriosis.
“I am so thankful we have a government that is willing to listen to the experts and patients when it comes to medical cannabis and driving,” she said.
“I have been a med can patient for five years now and this law change is so positive for me. I will no longer have to feel anxious getting in the car and going about my day.
“I used to be fearful every time I drove past a police car. As a single mother with multiple chronic illnesses my car is my lifeline. Thank you to the governments for the change in these outdated laws, it really is a no brainer.
“This is our prescribed medication, we have as much of a right as everyone else on a prescribed medication, to drive. You are now all part of the positive change that Australia has needed for a very long time regarding medicinal cannabis.”
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