By David Ettershank MP
Now at the halfway point of my term, I’m celebrating a win. Legalise Cannabis has succeeded in changing the law in Victoria – medicinal cannabis prescription holders will from March be able to drive without fear of automatic loss of licence.
Legalise Cannabis Victoria has secured an amendment to allow magistrates to exercise sentencing discretion for drivers who test positive to the active ingredient in cannabis, THC, if they hold a valid prescription for medicinal cannabis and are unimpaired while driving.
I have to say it’s been a long campaign. This was a victory for common sense.
Both houses of parliament overwhelmingly supported our amendment to remedy the previously unfair and unjust regime, where even a trace of THC resulted in a mandatory loss of licence and Victorian magistrates had no power to offer a lesser punishment. The only party to oppose the change was the Shooters, Fishers and Farmers Party! (The Legislative Assembly approved the amendment on Tuesday, November 12, while the Upper House had voted for it on Thursday, October 31.)
Magistrates exercise judicial discretion every day for a range of driving charges and our amendment finally extended this same right – ‘a day in court’ – to medicinal cannabis prescription holders.
Magistrates will have the discretion to say, ‘You are a current medicinal cannabis patient, you have provided your script, and police have not demonstrated that you were impaired behind the wheel – you get to keep your licence’. This is wonderful news for the thousands of Victorians who have been prescribed medicinal cannabis. This is justice for medicinal cannabis patients.
The new laws will come into effect from March 1, 2025.
New report on the need for legal discretion
To make this change possible I presented the Victorian parliament with a well-researched report arguing for judicial discretion for medicinal cannabis prescription holders.
The Consultation Report: Medical Cannabis and Driving in Victoria, An Interim Proposal for Law Reform was based on in-depth consultations with legal, medical and law enforcement experts, with the majority indicating that loss of licence should not be mandatory.
The report was prepared by the former Supervising Magistrate of the Victorian Drug Court, Tony Parsons. Mr Parsons said the law needed to change because no other prescription drug was treated this way in Victoria, and as such, is a denial of fairness and justice.
Needless to say, medicinal cannabis patients have welcomed the change, including truck driver Will, who lost his licence, trucks and home after losing his licence for taking a medication his doctor had recommended.
Alice from outer western Melbourne is a single mother with stage-four endometriosis and multiple sclerosis who uses medicinal cannabis and also supported our campaign for change.
I want to finish with Alice’s message for Victorian Premier Jacinta Allan.
“Thank you for listening to patients and supporting the Legalise Cannabis amendment. Changing these outdated laws and providing magistrates with discretionary powers will mean patients who are too afraid to take their prescribed cannabis, can now do so,” Alice said.
“Medicinal cannabis is the only option for many Victorians, that’s my first-hand experience. I’m glad the government is now helping people rather than prosecuting them for taking a prescribed medication. From the bottom of my heart, thank you”.
To get in contact phone (03) 9317 5900, or email david.ettershank@parliament.vic.gov.au or visit www.davidettershank.com.au
