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Practical Advice for Medical Marijuana Users


Medicinal cannabis users in Victoria will no longer automatically lose their license if caught driving with traces of the drug in their system.

Magistrates have now been given the discretion to sentence drivers who test positive for tetrahydrocannabinol (THC) if they have a valid prescription for medicinal cannabis and were not impaired while driving.

This change specifically benefits individuals using cannabis to manage medical conditions such as cancer treatment and multiple sclerosis.

Cannabis has been a prescribed drug in Australia since 2016.

Legalise Cannabis Victoria party successfully secured an amendment in the state parliament’s upper house on October 31, allowing this reform to take effect on March 1.

“Roadside saliva tests can detect tiny traces of THC more than a week after consumption, but these minuscule remnants have negligible impact on driving ability,” stated Ettershank on November 1.

Under the previous law, merely having this residual chemical led to an automatic six-month license suspension and a hefty fine, even if the driver had followed their doctor’s prescription.

This amendment allows individuals who have taken their medication as instructed to plead their case before a magistrate, potentially retaining their license.

Former supervising magistrate Tony Parsons expressed his support for this amendment, calling it a victory for common sense.

Victoria’s government views this change as an interim solution while further research is conducted with Swinburne University to determine safe driving practices with medicinal cannabis.

One user, Will Williams, shared how losing his license due to a positive drug test had significant personal and financial repercussions.

He stopped using medicinal cannabis to avoid losing his license but had to resort to opiates for pain management.

This shift in policy now allows individuals like Williams to safely use medicinal cannabis without jeopardizing their driving privileges.

While driving with THC in the system remains illegal, magistrates now have the authority to exercise discretion in cases involving prescribed medicinal cannabis users.

Victoria now joins Tasmania as the only Australian states permitting unimpaired drivers prescribed medicinal cannabis to operate a vehicle.



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