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Posted: 2024-05-21 04:24:28

In 2016, Australia legalised access to medicinal cannabis, allowing patients to access dozens of different cannabis products through prescriptions.

Now the Victorian government wants to take another step in opening the door for medicinal cannabis patients in the state to be able to drive.

In a bill passed last year, the government committed to launch a closed-circuit trial to research the impairment that medicinal cannabis causes on driving.

A push to change driving laws around medicinal cannabis has also been seen in other states such as Western Australia, while in Tasmania it is legal to drive as long as a person is not impaired by the drug.

But how does medical cannabis legislation work, and what are the risks to road safety?

Medical cannabis in Victoria explained

Any Victorian patient, with any medical condition, can be prescribed medicinal cannabis by their doctor if they believe it is clinically appropriate.

There are two groups of medicinal cannabis patients, with different driving rules applying to each of them.

Medicinal cannabis patients using cannabidiol or CBD products have always been allowed to drive in Victoria as long as they are not impaired.

However, some medicinal cannabis products contain a compound known as Delta-9-tetrahydrocannabinol or THC, which is responsible for the "high" feeling associated with cannabis and could impair driving ability.

A medicine bottle with a tag warning the medicine may cause drowsiness

Driving laws differ depending on the type of compound used in a medical cannabis product.(ABC News: Jamie Thannoo)

It is currently an offence in Victoria for a person to drive with any amount of THC in their system, whether the THC comes from medicinal cannabis or not.

Victoria Police currently conducts random roadside drug testing throughout Victoria, with saliva tests that are positive for THC resulting in a drug-driving charge.

Drivers with THC in their system faced mandatory licence suspensions and fines if caught.

The new trial by the government will seek to test just how impaired people with medicinal cannabis in their system are whilst driving.

How will the trial work?

Drivers who use medicinal cannabis will be taken around driving courses with an instructor at special closed road facilities such as METEC in Bayswater North and AARC in Wensleydale.

Minister for Roads and Road Safety Melissa Horne said the trial, conducted in partnership with Swinburne University, would be a world-first. 

"There is nowhere in the world that actually has got that standard way of measuring impairment through medicinal cannabis," Ms Horne said.

"It is a basic human right — we've got a legally prescribed drug, let us be able to measure what that looks like in a road safety environment."

Two hands wearing black gloves hold the bud of a medicinal cannabis plant in a glasshouse. Behind the hands more plants grow.

While medicinal cannabis users can drive in Tasmania as long as they aren't impaired, laws are stricter in the rest of the country.(ABC Rural: Else Kennedy)

About 70 participants will take place in the trial, due to begin in September this year.

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