In recent years, medicinal cannabis has become a legally prescribed treatment in Australia for a range of conditions, from chronic pain to anxiety. But while its use is growing, confusion remains—particularly around whether it is legal to drive after using medicinal cannabis in Victoria.
The Law in Victoria
Under Victoria’s Road Safety Act 1986, it is an offence to drive with any detectable level of THC (tetrahydrocannabinol) in your system. Unlike alcohol laws, there is no minimum threshold or ‘safe’ limit. Even trace amounts can lead to prosecution.
Cannabis products containing CBD (cannabidiol) only, however, are different. CBD is not psychoactive and does not impair driving. If your prescription product contains only CBD, you can legally drive.
Police Testing and Enforcement
Victoria Police regularly conduct roadside drug testing. Saliva tests are designed to detect THC and can return positive results even if you are not impaired at the time.
If you test positive, you may face:
Why the Law Is So Strict
The law reflects community safety concerns. THC can impair reaction time, coordination, and judgment—even in small doses. The zero-tolerance approach aims to minimise road risks, but it can create challenges for patients who rely on medicinal cannabis.
What If You’re Prescribed Medicinal Cannabis?
If your prescription contains THC, you should plan for alternative transport options and avoid driving altogether. Importantly:
Why Legal Advice Matters
Being charged with a drug-driving offence can have serious consequences, especially if driving is vital for work or family responsibilities. Understanding your rights and possible defences is essential.
Contact Us for Expert Help
At Elbob & Stephenson Legal, our criminal defence lawyers appear daily in Victorian courts and are highly experienced in drug-driving cases, including those involving medicinal cannabis prescriptions.
If you’re facing charges or need advice about medicinal cannabis and driving laws in Victoria, we’re here to help.
Call us on 1800 117 533 or visit www.easlegal.com.au to arrange a confidential consultation.
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