Cannabis and Driving
- tarzmahal
- Aug 14, 2022
- 3 min read
Updated: Nov 3, 2022
In Australia, it is illegal to drive while under the influence of THC from cannabis. It is also illegal to drive with any detectable amount of cannabis in your system. The current driving laws relating to cannabis in Australia are highly discriminatory and do not account for the medicinal cannabis system.
Driving and THC
You cannot consume THC while you are driving, or immediately before driving. Having a prescription does not authorise you to drive while under the influence of THC. You cannot drive while you have any THC in your system. Testing positive for THC while driving can result in immediate loss of license.
What About CBD?
It is not illegal to drive after consuming CBD. However it is important to note that many CBD products contain THC. Ensure that the CBD product or medication being consumed does not contain THC before driving.
Cannabis Impairment
Cannabis containing THC that is inhaled acts immediately, peaking within 30-60 minutes. You could be considered impaired up to 5 hours after consumption.
Cannabis oils, tinctures and edibles containing THC take longer to have an effect, usually 30-90 minutes, peaking within 2-4 hours. You could be considered impaired up to 8 hours after consumption.
State Specific Information:
"It is a criminal offence in Victoria to drive with THC present in your saliva, blood or urine. Patients should discuss the implications for safe and legal driving with their doctor".
"It is illegal for patients taking cannabis medicines containing delta-9-tetrahydrocannabinol (THC) to drive in New South Wales".
"In Queensland, it is an offence to drive with THC present, regardless of the original source of the drug. Whether sourced illegally or through prescription, drugs that contain THC can affect your ability to drive safely".
"Patients should not drive or operate machinery while being treated with medicinal cannabis. Drug-driving is a criminal offence, and patients should discuss the implications for safe and legal driving with their doctor".
"In WA, it is an offence to drive with THC present in your system, regardless of whether the THC comes from prescribed legal medicinal cannabis or illicit recreational cannabis."
"A person who drives a vehicle while under the influence of a drug to the extent that the person is incapable of having proper control of the vehicle is guilty of an offence (even if the drug is prescribed). It is recommended that patients do not drive whilst being treated with cannabis".
"It is currently an offence to drive with THC in a person’s oral fluid or blood. There is no legislative dispensation or defence for the use of medicinal cannabis that leads to a positive road drug test".
"Many prescription and some over the counter medicines can affect your ability to drive and could make you unfit to drive".
Further Reading
Disclaimer
Medical Cannabis, like all other medications comes with the potential for risk and adverse side-effect including, but not limited to, sedation, vomiting, nausea, cotton mouth, appetite changes, paranoid delusions, vertigo, psychosis, euphoria, depression, confusion and other unknown side-effects. Cannabis interactions with other medications are currently unknown and the risk of addiction or dependence over time has been reported but not been well studied. The information provided on this website does not, and is not intended to, constitute legal or medical advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal, medical or other information.
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