Medical marijuana, with an approved prescription, is now legal in Queensland. However, driving with a relevant drug in your saliva, remains illegal in Queensland. Prescription or not, THC (tetrahydrocannabinol) which is the main psychoactive component of cannabis, remains a relevant drug in Queensland.
Generally, if you are prescribed cannabidiol (CBD) medication, you are able to legally drive as long as you are not impaired. CBD can potentially cause drowsiness, fatigue, and lower blood pressure.
On the other hand, it is illegal for any person being treated with medicinal cannabis containing THC to drive while undergoing treatment. Research has shown that cannabis use influences a person’s ability to drive. Unlike alcohol, there is no specific concentration of cannabis that can be identified as an indicator of impairment.
If you are charged with the offence “driving with a relevant drug in your saliva”, police do not have to prove that you were under the influence of cannabis. Police simply need to prove that cannabis containing THC was present in your saliva at the time of driving.
It is not a defence at law, to have a medical marijuana exception.
In Queensland, the minimum period of disqualification that the court must impose on your licence in relation to this offence is 1 month.
To find out more, we recommend the following useful links, alternatively, our team specialise in traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.