Medicinal Cannabis and Driving (Qld)

In 2016, Australia legalised the use of medicinal cannabis with a prescription. Since that time, the use of medicinal cannabis products has become more common, and more doctors are prescribing these medications. It may come as a surprise to some then that it remains a criminal offence to drive with THC in one’s system, even where this is the result of the use of a prescription medication. This page deals with medicinal cannabis and driving in Queensland.

Legality of medicinal cannabis

Medicinal cannabis can be consumed lawfully with a prescription from a medical practitioner. The approval of the Therapeutic Goods Administration (TGA) is required before a doctor can prescribe cannabis products. If this approval is received, a prescription can be issued to the patient for a medical cannabis product.

Some medicinal cannabis products contain CBD but not THC. CBD has medicinal uses such as relief of anxiety and some sorts of pain. CBD does not cause a high and is not addictive. It is not believed to cause impairment and there is no restriction on driving with CBD present in one’s system.   

Other medicinal cannabis products contain CBD and also THC. These products are used to treat more severe pain conditions. THC has psychoactive properties and can cause a high. For this reason, it is prohibited to drive with THC in one’s system.

The use of cannabis without a prescription remains a criminal offence in Queensland.

Limited research is available  

There has been little research done as to the extent to which medicinal cannabis impairs a person’s functioning. It is also not currently possible to distinguish between medicinal and non-medicinal THC when a person is subjected to drug testing. For these reasons, it is prohibited to drive with any amount of THC present in one’s system, even with a prescription for medicinal cannabis.

Medicinal cannabis and driving offences

In Queensland, a person who operates a motor vehicle may be charged with two offences.

Driving under the influence

Under section 79 of the Transport Operations (Road Use Management) Act 1995, it is an offence to operate a vehicle under the influence of a drug. This offence is punishable by a fine of up to 28 penalty units or imprisonment for up to nine months (higher penalties apply if the person has previous offences).

Drug driving

Under section 79(2AA) of the Transport Operations (Road Use Management) Act 1995, a person commits an offence if they drive with a relevant drug (such as THC) present in their blood or saliva. This offence can attract a fine of up to 14 penalty units or imprisonment for up to three months.

Of these two offences, driving under the influence is the more serious offence. A drug driving offence can occur even where the driver’s driving is not impaired by the drug. A person will only be found guilty of driving under the influence if there is evidence that their driving was impaired by their use of a substance.  

Drug testing in Queensland

In Queensland, random drug tests can be conducted by roadside police. Drug testing is done through the provision of a saliva sample that detects the presence of:

• THC
• MDMA
• Cocaine
• Methylamphetamine

If a driver is unable to provide a saliva sample, they may be asked to provide a blood sample.

If a driver provides a positive sample, a second sample will be taken. If both samples are positive, the results will be sent to a lab for analysis. The person will be issued with an immediate 24-hour suspension of their driver’s licence and they will be charged with an offence.

THC can be detected in a person’s system for around 15 – 30 hours after use.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.