Time for Change Survey and Report

48 Recommendation #21 We recommend that current roadside drug testing legislation be brought in line with other prescription medicines by (a) granting exemptions for medicinal cannabis when drivers do not show signs of impairment, and (b) establishing a legal defence for medicinal cannabis prescription holders who are charged with the presence of THC in their systemwhile driving unimpaired. Additional comments from respondents described current issues with roadside enforcement of prescribed cannabis use: “The roadside testing for medicinal cannabis is a major element that needs to be addressed; this is one of the main barriers for patient access.” “People can drive on very strong painkillers which do impact their ability to drive. I don't see how it is fair to penalise patients using medical cannabis and not impaired to drive." “Tasmania is the only state you can have medical cannabis and still drive yet they cannot test the amount only if it is present in your system which anyone who uses cannabis knows it stays in your system long after you have used it.” Current roadside drug testing practices based on presence rather than impairment There is very low support for Australia’s current approach to drug driving, with less than a quarter (23.7%) supporting or strongly supporting roadside drug testing based on presence rather than impairment. Presently, drug driving tests (e.g., saliva, urine) do not indicate driving impairment and only indicate whether someone has a certain drug in their system. This can include very low concentrations of drug(s), where people’s ability to drive is not impaire d, and detections can occur days after consumption. Overall, 64.9% opposed or strongly opposed roadside drug testing based on the presence of a drug in a driver’s system. As shown in Figure 23, support for the current system was highest among respondents who identified as a family member of someone who uses drugs (24.9% support/ strongly support), with lower support from professionals (16.8%). Just over 10% of friends of people who use drugs (11.8%), students and/or young people (11.4%), and people who use drugs (11.2%) supported the current system. These results suggest considerable support for reforms to roadside drug testing that are focussed on road safety rather than criminalisation. Some people commented further on the impacts and intentions of drug driving practices: “Driving offences with drug in system but not impaired can ruin a young person's life. We should make this sort of problem a health issue, not a legal issue and block up the court system. These kids need help, not life affecting fines and gaol time.”