Driving legislation is a major issue faced by medicinal cannabis patients throughout Australia, except in Tasmania.
The team over at Drive Change have identified a defence for unimpaired medicinal cannabis patients who return a positive result to a roadside drug test.
Under Tasmanian law, THC is seen as a prescribed and lawful drug and a person does not commit an offence if that drug was obtained and administered lawfully.
A person found driving with THC in their saliva or blood, which is affecting their ability to drive, could still be found guilty of an offence.
Tasmania Police said roadside oral fluid drug testing will test for THC, but there was no way to determine whether a positive oral fluid test relates to prescription or illicit use of cannabis.
“Legislation differs across states and territories regarding the use of medicinal cannabis and driving,” Tasmania Police said.
“In many jurisdictions, it is an offence to drive with THC present in a person’s oral fluid or blood. In those instances, there is no legislative dispensation or defence for the use of medicinal cannabis which leads to a positive road drug test.”
“Therefore, if a person is lawfully using medicinal cannabis, that person does not commit an offence in respect of driving with a prescribed illicit drug present in their oral fluid/blood.. This is also the case for licit use of opioids,” the Police said.
However, there may still be an offence if a person’s driving is so affected by the drug that they are incapable of having proper control of the vehicle.
“There are many prescribed medications which have the capacity to affect driving, therefore this principle is not limited to cannabis only,” the Police said.
“Tasmania Police is consulting with other policing jurisdictions to enquire what, if any legislative or policy change has been undertaken to address the use of medicinal cannabis while driving a vehicle and will assess the ongoing legislative response in Tasmania.”
Not only does Tasmania have some of Australia’s most progressive drug driving legislation, it’s now made medicinal cannabis more accessible to all of its residents.
As of July 1 all GP’s in Tasmania can prescribe medicinal cannabis products.
Tasmania was the only jurisdiction in Australia where GPs could not prescribe medicinal cannabis to patients.
Patients could only gain legal access to the drug through a lengthy and costly process via a medical specialist, like a neurologist.
Tasmanian GPs are now able to seek permission through the Therapeutic Goods Administration.
GPs will need to apply for each patient individually through the national streamlined online application pathway and they will receive authorisation as to whether they can prescribe within 48 hours.
Patients who are successfully prescribed medicinal cannabis through a GP will then get their script filled at private pharmacies.
Prior to this all prescribed medicinal cannabis through the Controlled Access Scheme was dispensed at Tasmanian Health Service pharmacies in hospitals and is given out a heavily subsidised rate by the State Government.
Specialists will still be able to prescribe under the changes and it is understood patients who get scripts that way will still get medication at a subsidised rate.
Reference: Tasmania Police statement originally published by Fairfax Media via The Examiner.
