Medicinal Cannabis Users and Driving in Victoria

In Victoria, sections 49(1)bb in the Road Safety Act 1986, outlines that it is an offence to drive under the influence of an illicit Drug such as THC, which is also considered as Medicinal Cannabis. The consequences for such an offence automatically result in a licence suspension.

However, in response to escalating demands for reform, the Victorian Government passed a bill in the recent year for a medicinal cannabis driving trial, that began in September 2024, this trial specifically assessed how medical cannabis impacts driving.

This allowed around 70 participants who are medicinal cannabis users to navigate driving courses at closed-road facilities simulating real world driving conditions but under the supervision of driving instructors.

As a result of this trial, a recent amendment has passed state parliament’s upper house that gives the Magistrates the power to use their discretion when sentencing people who have tested positive to tetrahydrocannabinol (THC), during random roadside test if they were unimpaired at the time and hold a valid prescription.

What is THC?

THC is one of the common active ingredients in medicinal cannabis, which is derived from cannabis plants which is used to treat the symptoms of certain medical conditions, and the side effects of some treatments. There are different medicinal cannabis products available to treat different conditions.

The active ingredients in medicinal cannabis are called ‘cannabinoids’, and there are between 80 and 100 cannabinoids in medicinal cannabis. Most of the Cannabinoid’s products contain the cannabinoids ‘cannabidiol (CBD) and tetrahydrocannabinol (THC).

Changes to the use of medicinal cannabis while driving

In light of the recent amendment passed in the state parliaments upper house, anyone who holds a prescription for medicinal cannabis can appear before a magistrate to explain their circumstances.

This gives the Magistrate the ability to exercise discretion as to what penalty, if any, will be imposed instead of being legally required to automatically cancel or suspend their licence. However, it will still remain an offence for drivers to test positive to THC and would still lead to a charge but would alter the consequences for valid patients who have a prescription for Medicinal Cannabis.

What’s Next?

The amendment has passed the state parliament’s upper house but will need to go back to the lower house for final approval, it is expected to pass, and once approval is given this new law will take affect in March 2025.

As the legal landscape surrounding medicinal cannabis continues to advance, it is critical to recognise your rights and responsibilities to help navigate the complexities of the law and prevent severe consequences for driving.

If you need advice and support in relation to drug driving charges, contact us today to speak to our experiences legal team.