Victoria Amends Driving Rules for Medicinal Cannabis Users, Changes Effective in Mid-2025

Both houses of parliament in Victoria, Australia, have successfully passed the Roads and Road Safety Legislation Amendment Bill 2024, Cannabis Council Australia said in a recent newsletter.

The organisation sees this as a “promising development” in the area, calling it a “critical legislative milestone." The bill's passing will allow for judicial discretion when decisions about medicinal cannabis are made.

Magistrates will now have the ability to evaluate individual cases where drivers who hold valid medicinal cannabis prescriptions test positive for THC, but show no signs of impairment.

“(This) change recognises the legitimate medicinal use of cannabis and prioritises road safety based on actual impairment rather than the mere presence of THC,” the council said.

While both houses have passed the amendment, the council notes that it will not take effect until mid-2025.

Montu, a privately owned Australian medicinal cannabis company, launched a number of campaigns to support driving law amendments in November 2023 after surveying thousands of patients about legislation that would "create an exemption for medical cannabis patients who are driving while unimpaired."

The idea was to bring medicinal cannabis rules in line with regulations for other prescription medication.

The company pursued campaigns in three Australian states: Victoria, New South Wales and Queensland.

In its newsletter, Cannabis Council Australia shared that it is looking at reforms beyond Victoria.

"Cannabis Council Australia recently participated in the New South Wales Drug Summit in Lismore to advocate for urgent reforms. Representatives addressed (New South Wales') driving laws and the disproportionate impact current roadside drug testing regulations have on medicinal cannabis patients," the group said.

The summit centred on the discussions on legislative changes and was attended by New South Wales government ministers, departmental representatives, advocates, medical experts, patients and industry associations.

“Current (New South Wales) laws fail to differentiate between medicinal and recreational cannabis use when testing drivers, unfairly penalising patients who have been prescribed medicinal cannabis,” the council added. “These individuals, though unimpaired, can still test positive for THC due to its residual presence from prior use.”

“(Our) advocacy focuses on ensuring that patients prescribed medicinal cannabis can maintain the freedom to drive without facing automatic penalties, as long as they are not impaired.”

The council said its engagement at the Lismore Drug Summit, upcoming events in Sydney and the legislative progress in Victoria reflect a growing recognition of the needs of medicinal cannabis patients across Australia.

"(We) remain committed to advocating for comprehensive driving law reform nationwide, ensuring fair and equitable treatment for medicinal cannabis patients," the group noted.

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Securities Disclosure: I, Gabrielle de la Cruz, hold no direct investment interest in any company mentioned in this article.