He writes
I had a great outcome in the Magistrates Court today as we saw the positive impact of Victoria’s recently enacted amendments to the Road Safety Act 1986, specifically concerning drivers using prescribed medicinal cannabis.
My client, who relies on medicinal cannabis for a legitimate medical condition after witnessing a workplace death, faced drug driving charges after a roadside test detected THC on two occasions in 2024.
Prior to March 1st, 2025, the law offered no distinction between medicinal and recreational cannabis use, leading to automatic licence suspensions, regardless of impairment. This created significant hardship for patients legitimately using prescribed medication who were not impaired when driving.
However, the new legislation, which the Magistrate accepted applies retrospectively, grants Magistrates the discretion whether or not to suspend a persons drivers licence.
In my client’s case, we were able to demonstrate through documentary and sworn evidence that the medicinal cannabis was used as prescribed and that my client was not impaired while driving. Furthermore, we highlighted the significant impact a mandatory licence loss would have on their family, particularly as the primary income earner for a child with a disability.
My client avoided the mandatory loss of licence and was able to continue to provide for his family.
This case underscores the importance of the legislative changes, which acknowledge the reality for many Victorians who legitimately use medicinal cannabis.
While this amendment is a significant step forward, the journey continues. The ongoing 18-month trial in Victoria to assess the impact of medicinal cannabis on driving ability offers hope for future legislative changes, potentially leading to a full defence for unimpaired drivers using prescribed medication, aligning it with other prescription medications.
Today’s result offers a glimmer of hope and fairness for medicinal cannabis users in Victoria. It’s a reminder that our legal system can adapt to better reflect the realities of modern medicine while still prioritising road safety.
I wish to thank both Felix Ralph and Andrew Shears for sharing their information on the retrospectivity issue, it greatly assisted in our argument.
Learn more about these important changes and our advocacy here:
https://lnkd.in/gaJHqfGQ
https://lnkd.in/gBET4_er
https://lnkd.in/gET_ezvQ
