South Australia may move to exempt medicinal cannabis patients who test positive for THC but show no signs of impairment from prosecution under the state's drug-driving legislation, potentially mirroring a path already taken by Tasmania.
An interim report from the Joint Committee on the Legalisation of Medicinal Cannabis — a body established by parliament in February 2023 after a motion brought by Greens MP Tammy Franks — sets out a series of recommendations on the matter.
The most prominent recommendation calls for an amendment to the Road Traffic Act that would mean patients who return a positive THC result commit no offence, provided they are using the product as prescribed, have a zero blood alcohol reading, and show no signs of impairment.
The report also proposes that employees who test positive for THC at work should be permitted to continue their duties, subject to the same conditions.
The committee calls on the transport department to track advances in testing technology capable of more accurately gauging driver impairment, and to adopt any such methods "as a matter of priority".
The report additionally urges the Minister for Industrial Relations and Public Sector to explore a requirement that employers handle medicinal cannabis the same way they would any other prescription medication carrying impairment potential when developing and applying workplace health and safety policies.
It also calls for funding of an education initiative aimed at helping employers and health and safety representatives gain a clearer understanding of the risks and potential benefits involved in any such change.
The report further addresses dispensing requirements, standards for the transportation and storage of medicinal cannabis, Medicare coverage for telehealth consultations, and compassionate access schemes.
