Under Australia’s current drug-driving laws, it is illegal for anyone to drive with THC in their body. As up to 70% of Australia’s medical cannabis patients take THC in their prescription, the drug driving laws act as a barrier to medical cannabis for people without an alternative means of transport.
As this issue affects many people, it’s a hot-button topic. Last month, over 14,450 Australians even signed a change.org petition to give medical cannabis a defence against drug charges.
However, Victoria’s government may be going in a different direction.
Last year, the Victorian Government established a Medicinal Cannabis and Safe Driving Working Group to look for ways medical cannabis patients could be permitted to drive under the state’s current laws. The group consulted with representatives from the government, academics and medical professionals to consider the research and evidence around medical cannabis and driving.
As a result of these discussions, the Victorian government has released a report that suggests doctors could assess a patient’s suitability for driving using a standardised decision support tool. If the doctor believes that the medical cannabis patient could drive safely on their medication, they could drive provided they carry proof of their prescription or TGA approval.
The report also suggests three ways to handling medical cannabis patients who police catch driving under the influence of THC:
- The person is tested to see if they are impaired (the impairment from THC in medical cannabis lasts up to four hours, but it can stay in your body for weeks after use)
- The person’s blood is tested for THC, and they will be prosecuted if they are found to have a certain level of THC (though the report doesn’t define this level)
- A person could choose between taking an existing saliva test or the blood test
Overall, the report suggests that these approaches could allow medical cannabis patients on low-THC drugs to drive without making the roads more dangerous – though Victoria’s laws would need to change first. Nevertheless, Acting Police and Emergency Services Minister Danny Pearson says it’s an “important tool” in driving change.
This report is another important tool that will enable us to make evidence-informed policy decisions about medicinal cannabis use and driving in the future.
Hopefully for medical cannabis patients, that change will be on the road soon.
