Mossy Hits

Let’s discuss the glaring inconsistencies in Australia’s driving laws, especially concerning medicinal cannabis users. Despite the therapeutic benefits and legal prescriptions, individuals using medicinal cannabis face tough penalties, while those on other potent medications like amphetamines or opioids often navigate the roads without similar legal issues.

Zero Tolerance for THC = Punishment for Past Use

In most Australian states and territories, it’s illegal to drive with any detectable amount of THC in your system, regardless of impairment or prescription status. This “presence-based” law doesn’t consider whether the driver is actually impaired at the time of testing. THC can remain detectable in saliva for hours to days after use, long after its psychoactive effects have subsided.

This approach effectively penalises individuals for past use rather than current impairment, raising questions about the law’s focus on road safety versus that’s institutionalised punishment for past use. 

Prescription Medications – A Different Standard

Contrast this with the treatment of other Schedule 8 medications. Individuals prescribed amphetamines for ADHD or opioids for chronic pain can legally drive, provided they’re not impaired. If a driver tests positive for these substances but has a valid prescription and shows no signs of impairment, they’re not punished. 

This discrepancy highlights a double standard: while both cannabis and these medications can impair driving if misused, only cannabis users face automatic penalties based solely on presence, not impairment.

The Flawed Logic of Presence-Based Testing

One argument for the strict THC laws is the lack of a reliable roadside impairment test for cannabis. However, this rationale falls short when considering that:

• Other medications lack precise roadside impairment tests, yet their users aren’t subjected to zero-tolerance presence laws.

• THC presence doesn’t equate to impairment. Studies have shown that blood and oral fluid THC concentrations are poor indicators of cannabis-induced impairment .

Therefore, relying solely on presence-based testing for THC is scientifically unsound and unfairly targets medicinal cannabis users.

The Misrepresentation of Cannabis-Related Accidents

Critics often cite cannabis-related car accidents to justify strict laws. However, many of these incidents involve multiple substances, making it difficult to place the blame solely to cannabis. On top of that there are existing laws that already penalise impaired driving, regardless of the substance involved.

Punishing drivers who aren’t impaired but have residual THC in their system doesn’t enhance road safety; it perpetuates stigma and misinformation.

Legal Reforms: A Glimpse of Progress

Some regions are beginning to recognise these inconsistencies:

• Victoria: As of March 2025, medicinal cannabis users no longer face automatic license suspension if they test positive for THC. Magistrates now have discretion, considering factors like prescription validity and adherence to medical advice.

• Tasmania: Offers legal protection for drivers with a valid medicinal cannabis prescription from a Tasmanian doctor, provided they’re not impaired.

These reforms acknowledge the need for a more nuanced approach, focusing on actual impairment rather than mere presence.

Advocating for Equal Treatment 

The current laws compel patients to choose between effective treatment and their ability to drive. This is particularly unjust when considering that:

• Medicinal cannabis is prescribed for various conditions, including chronic pain, epilepsy, and PTSD.

• Patients using other impairing medications aren’t subjected to the same stringent laws, despite similar risks.

Advocates argue for laws that assess actual impairment, ensuring all medications are treated equitably and patients aren’t penalised for following medical advice.

Going Forward – Moving Towards Fair and Science-Based Laws

Australia’s current approach to drug driving laws, especially concerning medicinal cannabis, is inconsistent and lacks a solid scientific foundation. By focusing on presence rather than impairment, the laws disproportionately affect medicinal cannabis users, undermining their rights and well-being.

It’s imperative to shift towards a more balanced framework that:

• Assesses actual impairment, not just the presence of substances.

• Applies consistent standards across all medications, ensuring fairness.

• Supports patients in accessing effective treatments without undue penalties.

Only through such reforms can we ensure road safety while respecting the rights and needs of all individuals.

Note: This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult a qualified professional.