Tasmania’s current available defence for those found with THC in their system while driving is one crucial to preserve, according to a former magistrate.
David Heilpern, who once worked in NSW as a magistrate, said the ability for drivers detected with THC in their system to defend themselves in court if they had a medicinal cannabis prescription was legitimate and sensible.
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Mr Heilpern is currently an adjunct and practice law professor at Southern Cross University and he said the current situation in Tasmania was leading the country.
“If drivers are detected with THC they will be charged, however when they get to court they have a defence – if they can show that they had a prescription and that they were taking the THC in accordance with that prescription,” he said.
Tasmanians were granted legal access to medicinal cannabis through doctor prescriptions within the state from July 1 this year under the federal government’s special access scheme.
Previously Tasmanians wishing to access medicinal cannabis had to be prescribed the treatment by a specialist then apply for authorisation from the Department of Health under the Controlled Access Scheme, with hospital pharmacies allowed to distribute it.
“Tasmania should proudly defend this legitimate, sensible defence to drug driving … It is crucial that this position be preserved.“
Former magistrate David Heilpern
full story via The Examiner https://www.examiner.com.au/story/7340627/former-magistrate-calls-for-medicinal-cannabis-driving-laws-to-stay/
