Bill Clears Path for Cannabis Driving Trial
- A bill supporting a trial to assess the effects of medicinal cannabis on driving behaviour has passed the Legislative Assembly and will go to the Legislative Council for consideration. The bill is part of the Transport Legislation Amendment Bill 2023.
- Several points of view were expressed during the assembly’s discussion of the bill. The Minister for Roads and Road Safety expressed that the issue is a matter of human rights, as current laws force Victorians to choose between using medicinal cannabis for health reasons and being able to drive. Other members voiced concerns about the potential for misuse, with individuals using cannabis recreationally while still being able to drive. The government is trying to strike a balance between providing options for medicinal cannabis users and ensuring road safety.
- The trial will be held in a controlled driving environment, which will provide crucial information for possible future legislative changes. Points were raised about the unfairness of penalizing drivers for the presence of drugs in their system, even if they’re not under the influence. Others shared personal stories of how the current laws can have negative impacts on users, such as the loss of a driver’s licence, which can severely impact their livelihood and mental health.
Medicinal Cannabis and Driving: Legislative Council to Consider Trial
The Legislative Council will consider a bill that includes a trial on the effects of medicinal cannabis on driving. The Transport Legislation Amendment Bill 2023, passed the Legislative Assembly recently.
This ‘omnibus bill’ also includes amendments related to vehicle-sharing schemes, transport laws for V/Line and bus services, and more. A bill brief provides stakeholder discussions and responses, key issues, and a comparison with other jurisdictions.
The Minister for Roads and Road Safety, Melissa Horne, stated the bill aims to conduct research on medicinal cannabis and driving, which presents both road safety and human rights issues.
“It also does not stop them potentially using marijuana/cannabis recreationally and then being able to drive and then show their prescription to a police officer when they are pulled over and say ‘Hey, I’m off scot-free’.”
Danny O’Brien, Member for Gippsland
Member for Gippsland, Danny O’Brien, acknowledges the complexity of the issue. He notes potential pitfalls, such as recreational use of cannabis by prescribed users.
Other members, like Josh Bull for Sunbury and Cindy McLeish for Eildon, expressed the importance of balancing public safety and patient rights, and welcomed the potential insights from the controlled trial.
“[My] family member now faces loss of licence because the current law does not distinguish between driving under the influence and detection of drugs in the system with cannabis.”
Chris Crewther, Member for Mornington
Chris Crewther, Member for Mornington, shared a personal story, highlighting the need for clearer laws distinguishing between driving under the influence and mere drug detection in the system.
“We have laws and legal status for drugs that are largely political and arbitrary and that are not based on science and not based on safety or on reducing harm.”
Tim Read, Member for Brunswick
Member for Brunswick, Dr Tim Read, questioned the arbitrariness of current laws around prescription drugs and driving, advocating for more science-based legislation.
The full debate is available in Hansard.
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