Legistrative Council E-Petitions

E-petition Number
Review roadside cannabis testing laws
The Petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council the need to reassess the current roadside drug test laws to reflect and recognise medicinal cannabis as a prescribed and acceptable treatment for suffering Victorians.

The current law is very black and white with cannabis (THC) detection in roadside testing. This means medicinal cannabis patients who legally use THC and cannabidiol (CBD) to assist with illnesses like chronic pain, seizures, extreme anxiety, depression and more, can test positive to cannabis use in roadside testing. As THC can be found in saliva days after use, medical cannabis users are exposed to the same consequences as those who are indeed driving on illicit drugs. This is absurd.

Medicinal cannabis is a treatment that works. Compared to its competitors, such as Endone and other opioids, it is nonaddictive, cannot cause deaths by overdose, and much harder to abuse. The prescribed amount for most patients is so little that impairment is not a concern in comparison to other treatments. It makes no sense why roadside laws do not reflect this.

Cannabis patients who are lawfully permitted to use such medication should be allowed to undergo a roadside impairment test to ensure that they are fit to drive. Only where the driver proves to be impaired and the police officer believes they are unfit to drive, is a fine reasonable.
The petitioners therefore request that the Legislative Council call on the Government to review current roadside drug testing laws to recognise medicinal cannabis users so that where a user is stopped for testing, they can produce evidence of their lawfully permitted use of such medications and undertake a roadside impairment test to determine whether they are fit to drive.
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