The start of March marked an important moment for medicinal cannabis users in Victoria, with laws requiring an automatic loss of license for positive roadside drug tests involving cannabis modified.
The modification is seemingly minor, however, it will provide additional reassurance for what is estimated to be around 70,000 medicinal cannabis users in Victoria. Essentially, it means that instead of receiving an automatic loss of licence for a cannabis breach, drivers will be able to have their case heard by a magistrate.
For a medicinal cannabis user, this will allow them to present their prescription and argue that they were taking their medication in accordance with their doctor’s advice. Once the case is heard it will be up to the discretion of a magistrate to decide whether to cancel the driver’s licence.
What does the roadside drug testing change mean for other cannabis users?
While the law modification will provide reassurance for medicinal cannabis user who have a prescription for their medication, what does it mean for other cannabis users?
In theory, their automatic licence disqualification will still stand. Anyone who uses medicinal cannabis without a prescription will still be able to take their case to court, however, they are unlikely to be successful. The same can be said for the thousands of non-medicinal cannabis users in Victoria. They’ll still likely face a licence disqualification of at least six months and a hefty fine.
What about safety?
Could safety be a loser due to the roadside drug testing change in Victoria? While there are some that will say that safety won’t be affected, it’s not as clear as that.
The issue is that most cannabis—whether medicinal or recreational—contains tetrahydrocannabinol (THC), a psychoactive cannabinoid that interacts with brain receptors to produce a ‘high’. In addition to euphoria, THC can impair memory, slow reflexes, elevate heart rate, and trigger anxiety or paranoia. As a result, individuals with THC in their system are at greater risk of accidents on the roads and in workplace.
So, for example, if a person took medicinal cannabis and drove shortly after, it’s likely they would be affected by THC. They might claim they were fine and not at an increased risk of an accident, however, this is unlikely to be the case.
Ultimately, putting the matter in the hands of a magistrate who can sit down with all the relevant details and decide appears to make sense. It’s a matter of watch this space to see how the law modification works in practice.
How does THC impact driving?
The change in Victoria’s roadside drug testing laws comes at a time when a trial seeks to understand how THC affects driving performance and ultimately safety on our roads.
The world-first study by Swinburne University, is examining whether medicinal cannabis products containing delta-9 tetrahydrocannabinol (THC) can be detected in saliva using roadside drug testing equipment and, if so, for how long.
Additionally, the study will measure THC levels in saliva, blood and urine and evaluate driving and cognitive performance before and after using these products.
The study will be conducted in real-world driving conditions on a closed circuit, to make sure people involved are kept safe.
It’s expected results will be known and published in around 18 months.
FEATURED IMAGE CAPTION:
Important changes to Victoria’s roadside drug testing laws aim to provide reassurance to medicinal cannabis users. Credit Oswald Elsaboath https://unsplash.com/photos/a-person-driving-a-car-in-the-dark-qJ2kdVHCjOw
