Wednesday, 30 October 2024

 David ETTERSHANK (Western Metropolitan) (17:45): In July we received the agreement of the Legislative Council to undertake consultation into our proposal to allow judicial discretion for medicinal cannabis prescription holders who are charged with the presence of drugs in their system if they hold a current prescription and were unimpaired when tested. Arising from that resolution of the Council, we engaged the eminent Tony Parsons, former supervising magistrate of the Drug Court of Victoria, to undertake a series of consultations. Mr Parsons consulted with representatives from the judiciary, law enforcement, the legal community and the medical and social sectors and with policymakers. The report provides a balanced view of the stakeholders consulted.

We are pleased to report that whilst there were some reservations, the majority of stakeholders expressed strong support for addressing the inequity faced by those Victorians who take legally prescribed medicinal cannabis but face punitive sanctions if they return a positive result at a roadside test. Stakeholders by and large backed our proposal for an interim solution. Indeed many expressed bemusement and even shock over the current regime, with one legal expert observing:

[It] is an odd situation to have a legal right (to take prescribed medicinal cannabis) then if you comply strictly with the obligations that come with that legal right, you can still be guilty of an offence.

Regrettably the Chief Commissioner of Police chose not to participate when invited, but he made the following comments on ABC radio:

Our position is simple, they are matters for government. While it’s against the law to drive with cannabis in your system we’ll continue to enforce it.

These comments are noted in the report. Medicinal cannabis remains the only prescribed medication that is not subject to judicial discretion. To quote Mr Parsons:

The legal framework that applies to medicinal cannabis patients is, accordingly, grossly discriminatory …

So we say this situation needs to be remedied immediately.

Mr Parsons was ably assisted by Dr Hamish McIntosh in the production of this report. On behalf of Legalise Cannabis Victoria, I extend my gratitude to Mr Parsons and Dr McIntosh for their invaluable contribution to this debate. It is our hope that the government considers the report and implements its recommendations to amend the Road Safety Act 1986 to give the courts discretion to decide the issue of orders against drivers licences for medicinal cannabis patients. I commend the report to the house.