In a potential game-changer for Victoria’s medicinal cannabis patients, the state government is considering a proposal to grant courts the power to spare drivers from losing their licenses over THC-positive tests. The interim measure, put forth in an expert report tabled in parliament, aims to address the “manifestly unfair” treatment of legal cannabis users under current driving laws – at least until a government-funded trial delivers more definitive findings on cannabis and driving impairment.
Discriminatory Laws Put Patients at Risk
As it stands, Victorian medicinal cannabis users risk hefty fines and license cancellations every time they get behind the wheel, regardless of their impairment levels. The mere presence of THC in their system is enough to trigger a failed roadside drug test and subsequent penalties. According to report author and former magistrate Tony Parsons, this zero-tolerance approach is “grossly discriminatory,” forcing many patients to choose between their prescribed treatment and their ability to drive.
Victorians with a valid doctor’s prescription for medicinal cannabis, who take that medication as instructed, are sanctioned for taking their medicine if they return a positive roadside test, even in the absence of any evidence of impairment.
Tony Parsons, former head of the magistrates drug court division
The consequences, Parsons notes, can be “crushing,” often resulting in job losses, financial hardship, criminal records, and immense social stigma. Bizarrely, many other prescription drugs with equal or greater impairment potential, like opioids and benzodiazepines, do not trigger the same automatic penalties.
Patients Forced to Choose Between Treatment and Driving
This legal discrepancy has led some patients to avoid or discontinue their medicinal cannabis treatment altogether, out of fear of losing their driving privileges. In a cruel twist, many end up turning to more impairing and addictive alternatives like opioids, which won’t register on a roadside test despite posing greater road safety risks.
Often they changed to other medications such as opiates or benzodiazepines, both of which have greater potential to impair driving as well as the potential for drug dependency but neither will trigger a prosecution just because they are present in the motorist’s body.
Tony Parsons
Proposed Interim Solution: Judicial Discretion
To bridge the gap until the Swinburne University trial delivers its anticipated findings in 2026, Parsons recommends an interim measure granting courts the discretion to waive license cancellations for medicinal cannabis users on a “case by case basis.” Under the proposal, judges would consider factors like:
- Evidence of actual driving impairment
- Patient compliance with prescription instructions
- Driving history and patterns of behavior
While roadside THC-positive tests would still constitute an offense, the proposal would spare compliant patients the most severe penalties in the absence of demonstrated impairment or risk. Parsons’ consultations with legal and law enforcement stakeholders indicate broad support for such discretionary powers.
Government Response & Future Outlook
The Victorian government has acknowledged receipt of the report and its recommendations, affirming its commitment to working with the Swinburne research team on determining safe THC driving limits. “We’re working with researchers from Swinburne University to see whether people can drive with any level of medicinal cannabis without compromising road safety,” a government spokesperson stated.
While the trial’s findings will likely inform future legislative changes, the proposed interim judicial discretion offers a stopgap solution to protect compliant patients from disproportionate punishment. As scientific understanding of cannabis and impairment evolves, Victorian driving laws will need to strike a delicate balance between road safety, fairness, and the rights of medicinal users. But one thing is certain – the current approach is due for an overhaul.
