Victorian medicinal cannabis users are breathing a sigh of relief as a significant change to driving laws takes effect today. From March 1, 2025, patients using prescribed cannabis will no longer automatically lose their driving licence if they test positive for traces of the drug during roadside tests.
This landmark decision allows drivers who test positive for cannabis in random roadside tests to present their prescription in court. Magistrates now have the discretion to consider these prescriptions when making decisions about licence suspension.
Tasmania is currently the only other state in Australia with similar laws.
David Ettershank, Legalise Cannabis Western Metropolitan Victoria MP, hailed the change as “a victory for common sense” when the legislation first passed in November last year, per the ABC.
In a recent statement he elaborated on the previous situation stating, “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”.
Ettershank is prescribed medicinal cannabis himself to manage pain and sleeplessness.
“I can’t wait for this law change to come into effect,” he said in a statement yesterday.
“Medicinal cannabis has been legal since 2016 and essential for so many people suffering debilitating conditions like chronic pain, MS and endometriosis.”
The new law acknowledges a crucial fact about cannabis use: THC, the psychoactive component, can remain detectable in a person’s system for several days after consumption, long after any impairment has worn off. This prolonged detection period has been a source of anxiety for many of the estimated 1.8 million Australians who have received medicinal cannabis prescriptions since 2016.
Rachel Payne, another Legalise Cannabis Victoria MP and medicinal cannabis user herself, highlighted this issue: “THC is only impairing for a few hours, but a saliva test will come up positive to THC days after consumption.”
She added, “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”.
While this change offers relief to medicinal cannabis users, it’s important to note that the government is not taking road safety lightly.
A $4.9 million research project at Swinburne University is underway to quantify cannabis intoxication’s effects on driving. The study will involve 96 drivers and examine various aspects of driving performance, including speed control, steering, braking, and the ability to handle distractions while using medicinal marijuana.
This research aims to provide a scientific basis for future policy decisions, with a report expected later this year that may include recommendations for further adjustments to the law.
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