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Problems with Current Drug Driving Laws

Medical Cannabis and Driving in Australia
  • If you take cannabis (containing THC) medicine as prescribed you cannot legally drive.
  • 350k = The approximate number of active legal medical cannabis patients in Australia.
  • 70% = The number of medical cannabis patients that have some THC in their medication and therefore cannot drive, legally.
  • 600k = The approximate number of roadside tests for cannabis each year in Australia.

Presence does not correlate to impairment. Thousands of people are disadvantaged by current drug driving laws. 


The Right to Drive and the Right to Work

“Is it too much to ask in 2023 for employers to trust their employees will only consume their meds in accordance with the detailed instructions provided in a properly set out doctor’s letter? This has been the standard course of action for opioids, benzos, gabapentinoids etc. No one cares about SSRIs because so many people are on/off them at one point in time or another that society would collapse if everyone had to come off them. With the exception of acute withdrawal phases, it’s fair to presume that they are not ordinarily deemed impairing (even if you lock your keys in the car a dozen times in three weeks and regularly lose things). SSRIs make people forgetful and foggy. To the extent they become a WHS risk? Perhaps one day we will find out”.

Mat Henderson


“Penalties for roadside drug testing for cannabis are far more severe than for drivers with a positive random breath test for alcohol. Loss of a driving licence is a very severe penalty for people with serious health problems who require frequent medical care and people living in rural areas”.

Dr Alex Wodak AM. President, Australian Drug Law Reform Foundation


The Proposed Solution. Equal Rights for Legal Medical Cannabis Patients

The government implements Australia-wide uniform drug driving laws to allow for a complete defence to the presence of THC in a driver’s oral fluid or blood when:

  • The driver has a valid doctor’s prescription for a medicine  containing THC;
  • The offence does not involve dangerous or reckless driving; and
  • An officer cannot establish driver impairment.

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Drugs and Driving Legal Aid Queensland
Legal Aid Queensland – Work Licences

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