Penington Institute endorses the recommendations of a report tabled in Victorian Parliament today that would allow judicial discretion to apply to motorists who use medicinal cannabis and are not impaired while driving.
The report offers an interim proposal for a significant Victorian driving law reform, which would ensure that people who are prescribed medicinal cannabis do not risk the automatic threat of losing their licence should roadside tests detect cannabis in their system.
In 2022-23 more than 7000 Victorians were charged for cannabis presence alone, compared to around 100 charged for impairment.
In compiling the report, independent consultant and former drug court magistrate Tony Parsons engaged in widespread dialogue with a range of legal, medical and road safety stakeholders.
Penington Institute CEO, John Ryan, encouraged the Government to implement the report and show that it was prepared to make common-sense changes in its approach to cannabis regulation.
"This is a significant development and a win for fairness.
"Our strong position is that nobody should drive while they are impaired by any substance, including prescribed drugs such as medicinal cannabis."But patients who are not impaired and are using medicinal cannabis as directed by their doctor should be entitled to the same legal protections currently afforded to patients taking other prescribed medications known to affect driving, such as prescription opioids, antidepressants and benzodiazepines.
"As it stands, medicinal cannabis is the exception, and it is not reasonable or just that people should have to decide between their medicine and their mobility.’’
In 2016, Victoria was the first state to approve the use of medicinal cannabis, but it has remained a criminal offence for drivers to have THC (also known as tetrahydrocannabinol) — including from medicinal cannabis — detected in their system.
THC can linger in a person’s system for weeks and can be detected long after any potential impairment caused by THC has occurred.
The latest report was compiled in response to a motion put forward in July by the Legalise Cannabis Party, urging the Government to reform driving laws pending the results of a closed-track driving trial, expected to deliver results in 2026. Currently in Victoria the penalties for testing positive to THC while driving include a mandatory driver licence suspension of at least six months as well as monetary fines.
Penington Institute CEO John Ryan is available for comment.
To arrange an interview, contact Senior Media Advisor Warwick Green on 0439 647 144 or email w.green@penington.org,au
Penington Institute is an independent, evidence-based not-for-profit organisation that supports cost-effective approaches of maximising community health and safety in relation to drugs, including pharmaceuticals and alcohol. For more information go to www.penington.org.au.
John Ryan is a leader in public health and safety and the inaugural CEO of Penington Institute. John actively works to promote sensible and harm-minimising approaches to drug use in the community and provides expert advice, including to governments
