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Prescription cannabis has been available in Australia since 2016 and it’s to manage cancer treatment, multiple sclerosis, epilepsy and other medical conditions.
Alice Davy is one of them — and she says she takes it seriously.
“A hundred percent of patients are — they’re unwell, whether that is with chronic pain, whether that is with insomnia,” she says.
“Whatever they are using cannabis to treat, we are not going to abuse that. We’re not going to abuse the power of being able to have this medication and live well.”
A major active ingredient in some medicinal cannabis products is tetra-hydrocannabinol, commonly abbreviated as THC.

The compound can be detected more than a week after it is consumed and it’s landed authorised users with automatic driving bans and hefty fines in Victoria after being caught with it in their body while behind the wheel.

Victoria's Parliament drops automatic licence bans for cannabis using drivers image
Victorian upper house member David Ettershank, from the Legalise Cannabis party, says that will no longer automatically be the case.
“Until now, if you’re a medicinal cannabis patient driving unimpaired and you get pulled over by the police, you automatically have your licence suspended for a minimum of six months, plus a fine,” he says, adding that the automatic driving ban never made much sense.
From the first of March, however, the rules are changing and magistrates will have discretion to determine if a driver was impaired when behind the wheel.
“You’ll be able to go in and say ‘I am a medicinal cannabis patient, I wasn’t driving impaired. I was operating in a manner consistent with my doctor’s advice and therefore I would like to keep my licence’,” Ettershank says.

“That’s the principle on which we fought this, which was that medicinal cannabis patients — like every citizen — have a right to their day in court.”

Former member of Parliament and current Legalise Cannabis candidate Fiona Patten says the change has been a long time coming.
“This has been an ongoing conversation in this parliament since we first passed medicinal cannabis legislation back in 2016. So it’s been a long road — and a long road for patients, patients who were getting great relief from this medicine but fearing losing their license.”
She estimates it will impact many thousands of people.

“It will affect at least 70,000 Victorian patients and their families. These are mums who drive their kids to soccer. These are dads who need to get to work.”

How THC impacts driving ability

The change is being introduced as Victoria conducts a world first trial, led by Swinburne University, that aims to understand how THC impacts driving performance and risk on the road.
The current wisdom is that THC can impact a driver’s attention, judgement, memory, vision and coordination — a conclusion rejected by Legalise Cannabis Victoria.
University of Sydney Pharmacologist Dr Michael Udoh has previously told SBS that the effect of medicinal cannabis can vary, from person to person.
“You can have some people who have very high concentration of THC, but they are not impaired, and this is usually typically chronic users, or experienced users, whereas you could have someone with a very low blood concentration of THC, and they are very impaired,” he said.

“It’s very difficult for the law enforcement agencies to really easily determine whether a particular blood concentration of THC is sufficient to induce cognitive impairment.”

‘I am a better driver’

Davy says her own experience shows medicinal cannabis does not automatically mean she is an unsafe driver.
“I am a better driver, because previously (I was) prescribed opioids: benzodiazepines. The next day I would still be very foggy and my spatial awareness was not very good.
“I was legally allowed to drive on these medications with no repercussions at all.

“So when I get a good night’s sleep, which is most nights with medicinal cannabis, I feel great in the morning. There’s no impairment. And I get in the car and I drive.”

Medicinal cannabis boom complicates drug testing image

Premier says Victoria happy to lead the way

It remains to be seen how other states and territories will respond to Victoria’s change.
During last year’s Drug Summit in New South Wales, a group of delegates that included the Health Services Union, the New South Wales Nurses and Midwives’ Association and doctors’ groups, said in an open letter that there was a need to amend drug-driving laws to classify medicinal cannabis in the same way as other prescription drugs.

Major political parties appear to remain opposed to a significant legal overhaul.

Medicinal cannabis users say road rules discriminate against them image
However, Victorian Premier Jacinta Allan says Victoria is happy to lead the way on cannabis policy, adding that the reform was “an important step in the journey we’ve been making.”
Medicinal cannabis can make a real difference to them (patients), being able to not just deal and manage their pain but also get back to work and get back to being an active participant in communities,” she said.

“And one of the barriers to that has been the impact on being able to drive a motor vehicle.”

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