From today, Victorians using medicinal cannabis will no longer have their licenses automatically stripped by the courts, with judges now having the ability to exercise discretion.
The change is expected to affect approximately 1.8 million people who have a prescription for medicinal cannabis, as drivers who test positive in a random roadside test for the illicit substance will be given the opportunity to appear in court and present their prescription.
Judges will have the authority to make their own decisions when handing down penalties to those who have tested positive for tetrahydrocannabinol (THC).
Legalise cannabis MP Rachel Payne said it’s crucial for Victorian drivers to understand the new regulations.
“It’s crucial for drivers to understand that possessing medicinal cannabis while driving will still be against the law,” she said.
“The new law gives a court the freedom to not cancel a driver’s licence if the driver has a valid prescription and is taking their medication as advised by their doctor.”
Ms Payne says the changes will be up to police to show that the patient didn’t have a current script or hadn’t taken their medication as directed by their doctors.
The changes come as the effects of THC, found in medicinal cannabis, only last for a short period, but its presence can be detected for a long time after consumption.
This means a person who takes medicinal cannabis could test positive in a roadside drug test, even though they might not be driving under the influence.
Legalise Cannabis Victoria MP David Ettershank said the changes are a victory for reason and good sense.
“The new law just gives a court the freedom to not take away someone’s driver’s licence if they’ve got a current script and are taking their medication as their doctor has recommended,” he said.
Mr Ettershank said a court can still decide on the cancellation and disqualification of a medicinal cannabis patient’s licence. The new law just means that licence cancellation isn’t a foregone conclusion.
