Victoria's two Legalise Cannabis MPs have launched a new attempt to end the prosecution of medicinal cannabis patients under the state's drug-driving legislation.
David Ettershank and Rachel Payne urged politicians across the political spectrum to finally support changes that would bring cannabis into line with all other prescription medicines.
The Road Safety Amendment (Medicinal Cannabis) Bill 2023 would shield patients who have been prescribed THC — and used it according to their doctor's instructions — from criminal prosecution.
Patients whose driving is genuinely impaired would not be covered by the proposed protections.
The bill's introduction, which outlines the details of the proposed changes, is expected to be followed by a Legislative Council debate on March 8.
Ettershank, the newly elected MP for Western Metropolitan, said: "People who have been prescribed a medicine and can drive safely should be allowed to [so]. This is how we treat every single prescription in Victoria, except medicinal cannabis, and it's time for that to be corrected.
"Testing for sheer presence of THC rather than impairment is not right. This failure is based on stigma rather than evidence and the law for cannabis needs to be brought in line with all other prescription medicines."
Payne, the newly elected MP for South-Eastern Metropolitan, said the existing laws place an unfair burden on patients who depend on driving for their work.
The law should "stop interfering in people's lives" in such a way that prevents them from taking the medication they need, she added.
"Driving laws should be focused on impairment not presence," Payne said. "The research is done and advice for doctors and enforcement officers is available. We are calling for the government to work with us to update this outdated law."
Dr Karen Hitchcock, a prescribing physician who supports the bill, said patients are remaining on "dangerous and addictive medicines" because they fear prosecution over trace levels of THC in their system.
Others decide that the relief and improved quality of life they gain from medicinal cannabis outweighs the risk of losing their licence — particularly once they are "sleeping soundly", she said.
"Sleep deprivation, we know, grossly impairs driving ability," Dr Hitchcock added. "It is time the laws were changed to reflect the reality that cannabis is a medicine. It is time we stopped mistaking innocent citizens for criminals."
The campaign to overhaul Victoria's drug-driving laws was originally championed by Reason Party leader and MP Fiona Patten, a long-standing advocate for medicinal cannabis.
Ettershank and Payne's bill closely mirrors Patten's earlier proposal. Patten, who lost her seat at November's state election, is understood to be working behind the scenes alongside the Legalise Cannabis Victoria party to help push the bill through.
In 2020, expectations rose after the state government set up an "implementation group" to review the proposals, but police resistance ultimately killed off any prospect of change.
