In a major win for medical cannabis patients across Victoria, the state’s Parliament has passed the Roads and Road Safety Legislation Amendment Act 2024, introducing significant changes to road safety laws. From Saturday, March 1, 2025, Victorian drivers using prescription medicinal cannabis in accordance with their legal prescriptions will no longer face automatic licence cancellation or disqualification for drug-driving offences.
The new legislation, enacted on November 19, 2024, amends the Road Safety Act 1986, providing courts with discretion when handling drug-driving cases involving legal medicinal cannabis products. Previously, under Section 49(1)(bb), (h), or (i) of the Act, drivers found with cannabis in their system—regardless of impairment or legal prescription—faced mandatory penalties, including licence cancellation and disqualification periods. Now, Division 6 of Part 2 of the Act introduces flexibility: courts can decide whether to impose penalties, with minimum disqualification periods set at six months for a first offence and twelve months for subsequent offences, instead of automatically enforcing bans.
“This is a significant step forward for medical cannabis patients in Victoria,” said Mark Hutchison, spokesperson for Cannabis Club Australia. “For too long, patients who rely on medicinal cannabis to manage their health conditions were penalised unfairly, even when they were following their doctor’s advice. This reform is a recognition that medical cannabis users are not criminals—they’re people seeking treatment for serious medical conditions.”
Under the new law, Section 42B of the Act allows courts to exercise discretion in cases involving the use of legal medicinal cannabis, provided the drug was used as prescribed.
Courts now have the power to assess each case individually, considering factors like compliance with medical advice and the absence of impairment, rather than imposing automatic penalties. This change brings Victoria in line with jurisdictions like Tasmania, where medical cannabis patients already have similar protections.
This reform has been years in the making, driven by patient advocacy, medical professionals, and groups like Cannabis Club Australia. Additionally, the Roads and Road Safety Legislation Amendment Act 2024 requires a review of the changes to be conducted after March 1, 2027, with findings to be tabled in Parliament by March 1, 2028. The review will assess the impact of the reform on both road safety and patient outcomes.
For Victorian medical cannabis patients, the change will take effect on March 1, 2025.
Those pulled over for roadside drug testing will no longer automatically lose their driving privileges if cannabis is detected, as long as they can demonstrate lawful use.
However, patients are advised to carry proof of prescription and remain cautious, as impairment—distinct from the mere presence of cannabis—can still result in penalties.
“This law isn’t a free pass to drive impaired,” Hutchison clarified. “It’s about fairness. If you’re using medicinal cannabis responsibly and it’s not affecting your ability to drive safely, you shouldn’t lose your licence.”
The new legislation also brings other updates, such as digital driver licences and changes to accessible parking terminology. For the cannabis community, however, the focus is on this reform, which could serve as a model for other states to follow.
With over 100,000 Australians now accessing medicinal cannabis through the Therapeutic Goods Administration’s Special Access Scheme, this law change represents a significant step toward equality for medical cannabis patients on the road.
👉 Read the full story: https://www.legislation.vic.gov.au/as-made/acts/roads-and-road-safety-legislation-amendment-act-2024 #VictorianCannabis #MedicalCannabis #CannabisDrivers #RoadSafetyReform #2025 #DrivingLaws #THC #Test #CannabisRights #AustraliaCannabis #CBD #Law #PatientFreedom #CannabisClubAustralia
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