TRANSCRIPT
Victorian woman, Alice, uses medicinal cannabis on a daily basis to manage symptoms of her stage-four endometriosis and multiple sclerosis.
Endometriosis is a disease in which a tissue identical to the uterus lining grows outside the uterus, and multiple sclerosis is a condition in which the immune system attacks the brain and spinal cord.
Both conditions come with symptoms of severe pain and incapacitation.
Although medicinal cannabis has been legal in Australia since February 2016, under the Victorian law, drivers are not allowed to drive under the intoxicating element THC (Tetrahydrocannabinol) easily detected in routine drug tests. But for people like Alice, there is not much of a choice as THC is the only effective component for many chronic diseases. She says she is not impaired when she drives.
“I drive anyway, I don't have a choice. I don't have family. I don't have someone to drive my kids to school. I don't have, we don't have the money to do Uber groceries or delivery services every day for all the things that we need, driving is not an option for me. I most definitely do not get in the car impaired. I would never, ever do that. My tolerance, and everybody's tolerance, when you are prescribed cannabis, you get to a certain point where, me, it's a couple of hours when I've consumed high THC medication at night, in a couple of hours, and that affects where it's off, which means I'm not impaired to drive. But that's where I'm at now, because I've been taking it for so long.”
Pharmacologist and researcher at the University of Sydney Dr Michael Udoh supports her claim, saying the effect of medical cannabis can be on a person-to-person basis.
“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, so 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.”
The Allan Labour Government in Victoria is conducting a world-first trial to determine whether Victorians who use medical cannabis can drive safely.
As part of the 2024/25 Victorian Budget, the Labour Government plans to invest $4.9 million in an 18-month trial with Swinburne University to research prescribed medicinal cannabis users while driving on a designated track.
In the trial, researchers will evaluate participants' ability to manage distractions as well as their driving performance, which includes steering, braking, and speed control.
However, Legalise Cannabis Victoria believes that before the trial begins, a legal defence should be established or unimpaired drivers with prescriptions for the medication.
David Ettershank is a member of the Legislative Council representing the Western metropolitan region of Melbourne.
“This is the latest of literally dozens and dozens of such studies, and whilst it might be useful, the effect will be that there will be no decision on this issue for another two to three years. And all medicinal cannabis patients are deeply distressed, that they will be left in limbo for that period, and have to make a choice that's often very difficult, between taking medicinal cannabis, risking their license, or using heavier opioids and benzodiazepine type drugs. So we are in for the fight, and we are simply calling on the government to introduce medical defense whilst the trial is underway and until they pass legislation. “
And Rachel Payne says some patients who used to use medicinal cannabis for their chronic illnesses are now having to use more impairing drugs like opiates to avoid legal strife on the road.
“What we have found is that roadside drug testing tests for presence of three types of drugs - It tests for THC, It tests for amphetamines and it tests for MDMA. It does not test for other impairing medications such as opioids or cocaine or other drugs that we know people may be consuming. What we're finding is that medicinal cannabis patients are being discriminated against, even though they are taking their medication as prescribed by their doctor. “
Dr Udoh believes although, medicinal cannabis is effective for chronic diseases, nuances should be considered especially for drivers and road users.
For many states in Australia, drug driving offences are applicable irrespective of if it is medicinal or for recreational purposes.
However, in Tasmania it is legal for a person prescribed with medicinal cannabis to drive as long as they are not impaired by the drug.
And in Western Australia, the health department is consulting health experts on the matter.
Mr Ettershank believes Victoria should follow Tasmania's lead, given there has been no indication of increased crash risk since the state's legislation was implemented.
And Kelly King, spokeswoman for Montu - Clinic Alternaleaf and the Cannabis Council of Australia - says medical cannabis is a legitimate treatment option for those living with more than 130 common and chronic conditions.
Ms King says THC, being the psychoactive component of medical cannabis can be detected, days, or even weeks after patients take the medication.
She says the approximately 7,000 affected users in Victoria should not be criminalised.
“If taken in accordance with doctor's directions, the impact on driving is very low, and it is no different to any other medication In that multiple medications have impacts on cognitive impairment and driving, but they're not tested for, because if this was about road safety, then we would test for other cognitive impairing effects as well on other medications, but we don't, and that is a huge problem. But moreover, the impact that it has on driving is also not tested. It's not fair for patients to test positive. And, you know, be criminalized for taking these medications. So, long after their prescription medication, and any of these effects have well and truly worn off.”
During a random drug test, Will, a truck driver tested positive for THC, while showing no signs of impairment.
He lost his licence for six months along with his livelihood after which he had to sell his trucks and his home.
Will suffers from scoliosis, a hereditary spinal condition, and says he has had to depend on opioids which are more impairing and less effective.
“I'm back working again, driving trucks, but I'm not on the medical cannabis at the moment. Because of the laws at the moment, they don't allow it. I'm back to taking opioids, and it's just, it's uncomfortable.”
But Alice, who is a single mum says the benefits for her, outweigh the costs.
“Everybody, that is prescribed this is begging the government to please stop making us wait. We're not criminals. We're not a bunch of stoners. We are not doing the wrong thing, because you can't tell us that it is okay to be prescribed, and it's 100 per cent, legal, and then telling us 'you can't drive because it's illegal'.”
