Legalise Cannabis Victoria Western Metropolitan MPs David Ettershank and Rachel Payne have welcomed the state government’s commitment to consider a legal defence for medicinal cannabis prescription holders who screen positive at roadside drug testing stops.
Mr Ettershank said they were pleased the state government, opposition and crossbench MPs all supported the motion.
“We were happy to support a government amendment that commits to a consultation process with key government, legal and community stakeholders, and then report back on October 18,” he said.
The psychoactive effect of tetrahydrocannabinol (THC) – the main component of cannabis – lasts only a few hours for an average dose.
However, THC is a fat soluble compound which can store in fat cells meaning it can remain in a person’s system for a matter of days or even months while a person in all other factors is sober.
Victoria Police at roadside testing use a saliva drug test which can detect the usage of marijuana up to 24 hours after usage.
If not detected, the police can ask for an impairment assessment and follow up with a blood or urine test – the latter can come back positive for cannabis use within the previous 30 days depending on level of use.
A first time detection through a saliva test penalises the driver with a six month suspension.
Mr Ettershank said the state government’s main priority should be considering the Victorians who use medicinal cannabis to manage their pain.
“I’ve heard from people using medicinal cannabis. who say that for the first time their pain is under control and there are no side effects, but that now they live in fear – scared they will be tested by police and lose their licence,” he said.
“I also implore the Premier to consider the many Victorians who struggle with pain and want to try medicinal cannabis.
“They have had adverse reactions to opioids and benzodiazepines – but our uncompromising road laws are a deterrent.”
Ms Payne said it was important to remember the roadside saliva tests do not determine whether a driver is impaired.
“The tests used by police detect the presence of THC – often just small traces from medication consumed hours or days before that have no impact on a person’s driving,” she said.
“As the law stands, ordinary Victorians are losing their licence just for taking a medication as directed by their doctor while there is nothing wrong with their driving.”
Patients across the country have received 1.2 million prescriptions for medicinal cannabis since 2019, with the Australian Institute of Health and Welfare finding one in two consumers of medical cannabis use it to treat chronic pain.
