Local medicinal cannabis patients win driving law change

Alice Davy (medicinal cannabis prescription holder), Will Wiliams (former medicinal cannabis prescription holder), Tony Parsons (former Supervising Magistrate - Victorian Drug Court) and Legalise Cannabis MP David Ettershank (Supplied)

By Corey Everitt

Victorians prescribed medicinal cannabis to manage cancer treatment, multiple sclerosis and other medical conditions will soon be able to drive without fear of mandatory loss of licence, if unimpaired behind the wheel.

Previously, the Gazette has reported on Brad, a local who treats chronic pain with medicinal cannabis but felt ‘treated like criminal’ for the potential penalties if his prescribed medication was detected in his system while driving.

Last week in State Parliament, an amendment led by Legalise Cannabis Victoria (LCV) to give magistrates the ability to exercise sentencing discretion for medicinal cannabis patients who test positive while driving, was successfully passed in the Upper House.

Currently, failure in a roadside test, even in the case where the driver is unimpaired, comes with an immediate suspension of a driver’s licence for six months.

This amendment allows a legal argument in favour of unimpaired drivers for a magistrate’s consideration.

“That is wonderful news to the thousands of Victorians who have been prescribed medicinal cannabis,” LVC member and South Eastern Metro MP Rachel Payne said.

“No other prescribed medication is screened for by police. This is justice for medicinal cannabis patients.”

The amendment will come into effect on 1 March 2025.