The ACT is known for taking something a progressive approach to criminal-justice matters, but sometimes things get a little confused.
That progressive approach has been prominently seen recently in relation to the decriminalisation of certain amounts of cannabis.
But there is a problem when it comes to the ACT’s traffic law which doesn’t – yet – recognise the need for the same legal framework to ensure medicinal cannabis users are treated the same as other patients prescribed potentially impairing medications.
Green MLA Andrew Braddock is behind legislation aimed at amending the Road Transport (Alcohol and Drugs) Act which would mean people who are prescribed and using medicinal cannabis lawfully will not face criminal charges for driving – provided they are not impaired.
In a press statement, Mr Braddock said, “The ACT’s current laws simply don’t stack up. Right now, a person can follow their doctor’s advice, take prescribed medicinal cannabis, and still be treated like a criminal, even when they are not impaired and don’t pose a danger to themselves or others.
“They are not being punished for dangerous driving, but for the presence of a trace amount of a legally prescribed medicine that does not impair driving. Meanwhile, patients taking opioids or benzodiazepines face no equivalent test. That double standard has no scientific basis, and it must change.
“This reform reflects what the evidence tells us: impairment, not mere presence, should be the standard for road safety. Our laws should be based on evidence, not outdated assumptions.
“It will also bring the ACT into line with other jurisdictions. The UK has had a medical defence in place for nearly a decade, Tasmania already treats medicinal cannabis like other prescribed medicines, and [a recent] New South Wales announcement … shows they recognise the importance of ensuring drivers who are not impaired are not unfairly charged.
“It makes no sense for Canberrans to be treated differently simply because they cross a border. You shouldn’t be able to drive legally in Queanbeyan but risk a criminal charge minutes later in Canberra.”