Magistrates in Victoria will be able to let medicinal cannabis patients keep their driving licences when charged after returning a positive roadside THC test, under changes taking effect early next year.
From March 1, courts will no longer be required to impose an automatic six-month driving ban on first-time offenders caught with THC in their system.
Where there is no evidence of impairment and the patient was using a prescribed medication in accordance with their doctor's directions, a magistrate will have the discretion to allow that person to continue driving.
A positive THC test will, however, remain a criminal offence regardless of whether any impairment is observed.
The Upper House approved the amendment to Victoria's driving laws following the release of a report supporting reform.
Legalise Cannabis Victoria, which first put forward the proposals in July, welcomed the outcome, saying patients who had avoided medicinal cannabis out of fear of losing their licence now had a genuine alternative.
"I know many people grappling to control pain who want to try medicinal cannabis, as other prescribed medications have not worked for them," Legalise Cannabis MP Rachel Payne said. "I am exceedingly happy that these people will now be able to take this medication, live without pain and will no longer be subjected to a mandatory loss of licence if they fail a roadside test. I say thank you to the Allan government."
Fellow Legalise Cannabis MP David Ettershank said: "Roadside saliva tests can detect tiny traces of THC more than a week after consumption, but these miniscule remnants have negligible impact on driving ability.
"Under the old law the mere presence of this remnant chemical meant a compulsory loss of licence for six months and a steep fine, but the driver had only taken their medicine as directed by their doctor.
"This change means a current prescription holder, who is unimpaired and has taken their medication as directed, can appear before a magistrate, explain their circumstance and the magistrate can allow them to keep their licence."
The amendment is the first concrete win for cannabis advocates in the ongoing push to overhaul Australia's drug-driving laws as they apply to medicinal cannabis patients.
It is hoped that results from a closed-circuit driving trial in Victoria scheduled for 2026 will prompt broader reform and encourage other states to follow suit. Tasmania already provides an exemption for holders of medicinal cannabis prescriptions.
Payne described the development as "wonderful news", noting that magistrates already exercise judicial discretion across a wide range of driving charges each day. The amendment simply extends that same capacity to cases involving medicinal cannabis patients, she said.
"This is wonderful news for the thousands of Victorians who have been prescribed medicinal cannabis," Payne said. "No other prescribed medication is screened for by police. This is justice for medicinal cannabis patients.
"Change was needed, and I commend the Allan government for showing leadership and courage and seeing this through. Today's change will save thousands of people heartache and pain in the future."
