Medicinal cannabis patients in South Australia could have their licences cancelled on the spot under new drug-driving laws that took effect today.
The laws grant police the power to immediately suspend the licences of drivers who return a positive test for certain prescribed drugs — including THC — as well as illicit substances like methylamphetamine and MDMA.
Under the previous framework, drivers in this situation would receive an expiation notice or court summons that could eventually result in a driving ban, but they retained their right to drive while the matter was pending.
Police minister Joe Szakacs described the new laws as a "wake-up call" for "selfish motorists."
But David Heilpern, dean of law at Southern Cross University and Drive Change campaigner, called on the minister to create an exemption for drivers who test positive for THC but hold a valid medicinal cannabis prescription.
"The forgotten people in these laws are the tens of thousands of South Australians who are taking prescriptions with very small quantities of THC in their system," he said.
"For those South Australians who are relying on THC to assist them with a whole range of medical conditions, they'll be left with immediate suspension of their licence before they have a chance to go to court."
Tasmania already provides an exemption for medicinal cannabis patients, and the SA Greens have added their voices to calls for the legislation to be reconsidered — though Szakacs has so far refused to budge.
He said: "I don't have an optimistic answer for those people who met with me or with advocates… the advice that I have received to date is such that we will be sticking with this model."
When the powers were first proposed in September 2021, Australian Lawyers Association spokesperson Greg Barns described them as "probably the worst we have seen in the road safety space anywhere in Australia in recent years."
He added: "Drivers who take opioids or other prescription medication do not find themselves in court or risk losing their licence, and neither should drivers who have taken a prescribed and legal dose of cannabis.
"There is no scientific support for this proposed law change. Cannabis is a legally recognised prescribed medication and the law needs to acknowledge this to stay relevant."
Last week, Legalise Cannabis Victoria introduced a bill to the state parliament that would exempt medicinal cannabis users from Victoria's drug-driving laws.
