NotizieUncategorizedCan I Drive When Taking Medicinal Cannabis?

Australians with various health conditions have utilised medicinal cannabis since its legalisation and prescription. Because of this, driving whilst under the influence of medicinal cannabis raises concern for its users.

Whilst medicinal cannabis clinics may not give advice in this regard, they may advise to “make your own decision” on whether or not to drive under the influence of medicinal cannabis. Some offer ‘possession letters’, however, in most Australian States this is unlikely to suffice if the patient records a positive drug reading after a car accident or roadside random drug test.

The legality

In Queensland, as in all Australian States, driving (or being ‘in charge’ of a vehicle) under the influence of drugs is an offence. This means if a person is found to have drugs in their system whilst driving (or ‘in charge’ of a vehicle), they are potentially infringing laws and whereby, a court hearing may follow.

In the event of a car accident, an insurer may invalidate the drug users right to coverage.

In all Australian States excluding Tasmania, it is of no significance whether:

• the drug was prescribed for medicinal purposes;
• the person is unimpaired by the substance; or
• the drug does not affect their ability to drive safely.

In Tasmania, an unimpaired driver prescribed medicinal cannabis can lawfully drive.

Medicinal cannabis that contains THC

Cannabis may contain THC being the main psychoactive component of cannabis. In all Australian States except Tasmania, it is unlawful for patients found with medicinal cannabis containing THC in their system to drive (or be ‘in charge’ of a vehicle), in accordance with the above.

Medicinal cannabis that contains CBD-only

Unlike THC, medicinal cannabis that contains CBD-only is by definition non-intoxicating and thought to have an anti-psychoactive effect. Reportedly, there is no evidence that CBD oil impairs cognitive function.

A patient found with cannabis containing CBD-only in their system can lawfully drive, providing they are unimpaired. Conversely, it is unlawful (except in Tasmania) if the cannabis containing CBD has traces of THC.

Any changes?

Nuovo Galles del Sud

A New South Wales bill, due for debate in 2022, proposes to exclude unimpaired medicinal cannabis users from committing a drug driving offence.

Victoria

The Victoria State Government is deliberating to introduce legislation to allow unimpaired medicinal cannabis users to legally drive. A bill has been introduced to parliament.

Queensland

The Greens in Queensland have pushed to make medicinal cannabis users exempt from drug driving laws. Reportedly in 2021, the Queensland Government had ruled out backing the Greens’ push and did not consider any changes.

Seek Medical Advice

Driving whilst impaired can be deleterious and medicinal cannabis patients should be aware of the bioactive molecules in their cannabis and the impairment and detection times before getting behind the wheel. Get advice from your doctor in this regard.

Need Legal Advice?

If you have any legal queries regarding driving under the influence of medicinal cannabis or alike, please contact us.