Andrew Braddock MLA will introduce legislation next week to ensure medicinal cannabis patients are treated under the same legal framework as other patients prescribed potentially impairing medications.
The reform will bring the ACT into line with jurisdictions such as Tasmania and announced changes in New South Wales, by shifting to a genuine impairment-based approach to driving safety.
In practical terms, this means people who are prescribed and using medicinal cannabis lawfully will not face criminal charges for driving, provided they are not impaired.
As stated by Andrew Braddock, Greens Member for Yerrabi:
“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 Our laws should be based on evidence, not outdated assumptions.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 New South Wales announcement today 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.
“This reform is about fairness and common sense. People managing serious conditions like chronic pain, cancer, endometriosis, PTSD and multiple sclerosis should not be forced to choose between their medication and their mobility.
“If you are not impaired, you have a valid prescription, and you are taking your medication as directed, you should not be treated as a criminal.
“This change does one simple thing: it puts medicinal cannabis patients on the same footing as everyone else. Nothing more, nothing less.
“The choice now is a political one. The evidence is clear, the model exists, and other jurisdictions are already acting. It’s time for the ACT to catch up.”
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