Victorian motorists who have medical cannabis in their system but are not impaired by the drug will no longer face automatic driving bans from Saturday 1 March 2025.
John Ryan, CEO of drug policy nonprofit Penington Institute, says the rule change means Victorian medical cannabis patients will no longer be “forced to choose between their medicine and their mobility”.
Victoria’s driving laws were amended following a Victorian Parliament report in October 2024 that recommended magistrates should be allowed to apply judicial discretion to motorists who used prescribed medicinal cannabis as advised by their doctor and were not impaired while driving.
The Victorian Government subsequently amended the Road Safety Act 1986 (Division 6) to implement the change from 1 March 2025.
How are the Victorian medicinal cannabis driving laws changing?
Under existing laws, Victorians who test positive for THC while driving face a mandatory license suspension of at least six months and may also receive a fine.
Testing positive for THC while driving will remain an offence after 1 March, but magistrates will decide whether prescribed medicinal cannabis patients found to be driving with THC in their system should lose their license.
In 2016, Victoria was the first state to approve medicinal cannabis, but it remained a criminal offence for drivers in the state to have THC (also known as tetrahydrocannabinol) 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 parliamentary report was compiled in response to a July 2024 motion by the Legalise Cannabis Party that urged the government to reform medicinal cannabis driving laws.
“A sensible policy and a win for fairness”: Penington Institute CEO John Ryan
Commenting on the 1 March law change, Penington Institute CEO John Ryan said:
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 pose little if any safety risk and should be treated accordingly.
The new rule is a sensible policy and a win for fairness.
Medicinal cannabis patients should not be forced to choose between their medicine and their mobility. "
Penington Institute CEO John Ryan is available for comment.
To arrange an interview, contact Communications Manager William Summers on 0434 275 792 or media@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.
