Driving After Consuming Medicinal Cannabis: What You Need to Know

As medicinal cannabis becomes more widely prescribed, it's important for patients to understand the legal implications of driving after consumption. At Burdon Legal, we specialise in traffic law and criminal law in Melbourne, and we're here to provide you with expert advice to navigate these complex issues.

Understanding the Law

In Victoria, driving under the influence of drugs, including medicinal cannabis, is illegal. Even if you have a prescription, you can still face legal consequences if you're found to be impaired while driving. The law does not differentiate between medicinal and recreational cannabis when it comes to driving.

What is Medicinal Cannabis?

Medicinal cannabis refers to products that are legally produced under strict quality standards and contain known doses and concentrations. Medicinal cannabis can only be prescribed by a doctor and taken under medical supervision.

The two main components of cannabis plants that have therapeutic benefit are delta-9-tetrahydrocannabinol (‘THC’) and cannabidiol (‘CBD’). THC is the intoxicating component, while CBD is non-intoxicating. THC is responsible for the 'high' effects, whereas CBD does not reduce the impairing effects of THC.

Medicinal cannabis can be prescribed in different forms such as CBD only, THC only, or a combination of both. This is why patients must ensure they understand what they are being prescribed and how it may affect their ability to drive.

Testing and Impairment

If you are asked to undergo a roadside saliva test, THC can be detected in saliva for up to 30 hours for frequent users, and in urine for up to 30 days or longer. If you test positive for THC, you may lose your licence, face fines, or even criminal charges—especially if you are involved in an accident or face more serious allegations such as dangerous driving or culpable driving.

The relationship between THC and impairment is complex and depends on several factors including dose, genetics, metabolism, tolerance, length of treatment, and the type of medicinal cannabis used. For a broader understanding of your legal options, read our guide on drug driving offences in Victoria and how a traffic offence lawyer can support you.

The Risks of Driving After Consuming Medicinal Cannabis

• Impairment: Cannabis can impair your ability to drive by affecting your reaction time, coordination, and judgment.

• Legal Consequences: If you're caught driving under the influence, you could face fines, licence suspension, or even imprisonment.

• Insurance Issues: Being involved in an accident while under the influence of cannabis can complicate insurance claims and liability.

Can You Keep Your Licence?

No Exemption for Prescription: A valid prescription for medicinal cannabis cannot be used as a defence against a positive THC test. This means that even if you are using cannabis for medical reasons, you are still subject to the same laws and penalties as those using it recreationally.

However, the court has the discretion not to interfere with your driver’s licence by suspending, cancelling, or disqualifying you from driving if you have a valid prescription and are not proven to be impaired. This is a discretionary power, which is why engaging the best criminal lawyers in Melbourne, such as Burdon Legal, is the best decision you could make if you face such charges.

Case Study 1: Xavier’s Experience

Xavier, a 45-year-old patient prescribed medicinal cannabis for chronic pain, was pulled over for a routine traffic stop. Despite having a valid prescription, he was found to be impaired and faced charges for driving under the influence. With the help of Burdon Legal, Xavier was able to present his case effectively, highlighting his medical condition and the necessity of his medication. While he faced penalties, our traffic lawyers in Melbourne ensured that his rights were protected and worked towards minimising the impact on his life.

Case Study 2: Sarah’s Situation

Sarah, a 30-year-old professional, was involved in a minor traffic accident. She had consumed her prescribed medicinal cannabis the night before. Although she felt fine, a drug test revealed traces of cannabis in her system. Burdon Legal assisted Sarah in navigating the legal complexities, providing robust representation that emphasised her responsible use of medicinal cannabis and her clean driving record. Our expertise helped in reducing her penalties and maintaining her professional reputation.

Why Choose Burdon Legal?

Navigating the legal landscape of medicinal cannabis and driving can be challenging. Our traffic lawyers in Melbourne provide:

• Expertise in Traffic Law: Our team has extensive experience in handling cases involving driving under the influence of drugs.

• Comprehensive Legal Support: We provide thorough legal advice and representation to ensure your rights are protected.

• Personalised Service: We understand that every case is unique, and we tailor our approach to meet your specific needs.

Contact Us

If you have any questions or need legal assistance regarding driving after consuming medicinal cannabis, don't hesitate to reach out to us. At Burdon Legal, we're committed to providing you with the expert advice and support you need. Your interests and rights are our priority.

Contact Burdon Legal today for a consultation and let us help you navigate the complexities of traffic and criminal law in Melbourne.