In November 2024, Victoria passed significant legislation amending the rules for medicinal cannabis users and driving.
Previously and irrespective of whether you had lawfully been prescribed medical cannabis, it was an offence to have a relevant drug present in your blood or salvia whilst driving and mandatory licence disqualifications applied.
The key points of this legislative change are:
- New Discretionary Powers for Magistrates
The amendment grants magistrates’ new discretionary powers when dealing with cases involving medicinal cannabis users, who test positive for THC during roadside drug tests. This change represents a shift from the previous automatic penalties.
- Retention of Driving Privileges
Under the new legislation, medicinal cannabis patients who are charged with driving with THC in their system may be allowed to keep their driving licence. This decision now falls under the discretion of the magistrates, who will have the power to make this determination from early 2025.
- Continued Illegality of THC Presence
It’s important to note that the presence of THC in a driver’s system remains an offence. The amendment does not legalise driving with THC for medicinal cannabis users but instead provides a pathway for case-by-case evaluation.
- Implementation Timeline
The new discretionary powers are set to come into effect in early 2025, allowing time for the judicial system to adapt to these changes.
This legislative amendment marks a significant shift in how Victoria handles cases involving medicinal cannabis users and driving, moving away from automatic penalties and towards a more nuanced approach that considers individual circumstances.
These new legislative amendments do not apply in Queensland, however it expected to pave the path for legislative charge in this state.
Our team are experts 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 are charged, with driving with a relevant drug being present in your saliva or blood, we highly recommend you obtain legal advice immediately. In Queensland, mandatory minimum periods apply in relation to licence disqualification.
If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
