In response to questions regarding cannabis use and current road rules, we have received the following advice from the Minister for Transport & Main Roads. In addition to this information, for anyone using medicinal cannabis, it is important that you ask your doctor whether your medication contains THC:
- Drug use is a growing problem for road safety, yet a very complex and difficult one to solve. The National Road Safety Strategy 2011-2020 identified drug driving as a contributing factor in seven per cent of road fatalities within Australia. Further, the National Road Safety Action Plan 2018-2020 indicates that road deaths from crashes involving a drug-impaired driver increased by 55 per cent between 2012 and 2016.
- In Queensland, under section 79(2AA) of the Transport Operations (Road Use Management) Act 1995 (TORUM), it is only necessary to show the presence of a relevant drug. Relevant drugs in this case are THC (the active ingredient in cannabis), methylamphetamine (also known as speed and ice) and MDMA (the active ingredient in ecstasy).
- If a driver appears to be adversely affected by a drug including prescription medication, then they may be charged with the more serious offence of driving whilst under the influence of liquor or a drug (section 79(1) of TORUM). Court penalties are more significant, with a higher maximum fine, and a minimum driver disqualification period of six months.
- The use of medicinal cannabis is presenting challenges for those wanting to maintain a level of mobility through driving, and breaking current laws designed to combat drug driving in Queensland. Residents often question the current drug driving laws and the issue between the presence-based approach and impairment due to cannabis.
- There is a body of evidence demonstrating the disruptive effects that drugs, including cannabis, can have on safe driving performance. Some medicinal cannabis products contain THC (Delta-9-tetrahydrocannabinol), the active ingredient in cannabis detected as a relevant drug within Queensland’s drug driving laws.
- The role of drugs, in varying forms, is a growing problem for road safety not only in Queensland but nationwide and internationally. While international jurisdictions vary in their approaches to managing this risk on the road, all Australian jurisdictions consistently take a zero-tolerance approach through presence-based legislation as opposed to setting limits similar to alcohol.
- This zero-tolerance approach for medicinal cannabis will continue as THC (Delta-9-tetrahydrocannabinol) is a psychoactive substance that has shown to impair cognitive and motor function, increasing the risk of being involved in a motor vehicle crash. Impairments that will affect a person’s driving include their ability to anticipate hazards and unexpected situations, their decision making and their ability to respond quickly to changes in the traffic environment (e.g. reaction time). THC can also interact with other medications, impairing the metabolism of other drugs or causing cumulative effects such as sedation.
- There are also differences on the impairing effects of THC based on length of use, quantity and an individual’s own metabolism. It is for these reasons that it is very challenging to simply set a limit that can be easily tested at the roadside.
- Therefore, at this time the Queensland Government will continue to take a zero-tolerance approach to drug driving laws. This position is taken to protect the safety of road users on the state’s road network. However, the Department of Transport and Main Roads (TMR) is acutely aware of the challenges faced by those wanting to use medicinal cannabis and continue driving.
- TMR is currently working with other Australian jurisdictions through the National Drug Driving Working Group to look into this matter and investigate best practice models for roadside drug testing, and you can find out more: click here