Magistrates will have sentencing discretion for drivers who test positive for THC, if they hold a valid prescription
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In a significant change for medicinal cannabis users in Victoria, Australia, magistrates now have the discretion to allow drivers to keep their licenses if they test positive for THC but have a valid medicinal cannabis prescription and show no signs of impairment.
Previously, drivers who tested positive for any level of THC, the psychoactive component of cannabis, automatically faced a license suspension and a fine, regardless of whether they were impaired.
The reform, which takes effect on March 1, is the result of efforts by Legalise Cannabis Victoria, with the amendment passing the state’s Upper House. Legalise Cannabis MP David Ettershank praised the change, pointing out that saliva tests can detect trace amounts of THC even days after consumption, when such remnants no longer impact driving ability. Under the new policy, drivers using cannabis medicinally can explain their circumstances before a magistrate, who now has the authority to prevent an automatic suspension.
While this policy marks progress for patients managing conditions like cancer and multiple sclerosis, it is still an offense to drive with any THC in the system. The update simply introduces judicial discretion in handling such cases, balancing patient rights with road safety considerations.
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