An Australian trial that will investigate the impact of medical cannabis on driving ability won’t be finished until late 2025. The Guardian reports that Australian cannabis advocates are disappointed that the Victorian government appears to be delaying the study despite the issue being called a priority.

In February 2023, then-state premier Daniel Andrews pushed to determine how cannabis impacts driving ability and said that the issue is a priority for the Victornian government. He estimated as many as 200,000 medicinal cannabis patients in Victoria are essentially restricted from driving. 

That’s because THC can be detected in the body for weeks, if not months after consumption, meaning medicinal cannabis patients can essentially never drive without worry of driving while what authorities consider to be impaired.

Victorian premier Jacinta Allan announced May 14 that Swinburne University of Technology in Melbourne, Australia has been selected to run the trial. The $4.9 million dollar trial ($3.26 million USD), to be completed over 18 months , will review about 70 medicinal cannabis patients’ ability to manage distractions and assess their performance behind the wheel, including steering, braking, and speed control on a dedicated track.

“Just as we were the first state in the nation to introduce medicinal cannabis to support people with their medical illnesses, we are now moving to have this world-first trial to support and examine how it affects people as they’re out on this closed circuit driving track,” Allan said.

Victoria became the first Australian state to legalize medical cannabis in 2016, but it remains illegal for individuals to drive with any trace of THC in their bloodstream.

Legalise Cannabis MPs David Ettershank and Rachel Payne said they were disappointed in the timeline. “Jacinta Allan may be on a driving track today but I know she is intentionally ‘stalling’ on this decision,” Payne said. “In 2023, Dan Andrews promised an answer ‘in coming months’ followed by a guarantee to have it fixed by 2024. Now, with a new premier, it’s mid-2026 at best.” Ettershank suggested was “discriminating” against medicinal cannabis patients and the motives were political.

What could change? Already in Tasmania, leaders established a medical defense if drivers are caught behind the wheel with THC in their system, as it can linger there for weeks or months. But roads minister, Melissa Horne said Tasmania had far fewer medicinal cannabis patients than Victoria. “At the heart of it, it is a basic human rights issue where we’ve got people out there who are taking a legally prescribed substance who cannot drive at the moment,” she said.

While cannabis breathalyzers have emerged, made by several companies, there is currently very few, if any places in the world that has developed standardized cannabis impairment testing; All that exists are tests that can detect THC in the bloodstream, but that has little to do with current impairment. That could change quickly, however.

How Long Cannabis Impacts Driving Performance

Researchers in Australia have been determining the window that cannabis can impair driving performance. In one case, Thomas R Arkell, Danielle McCartney , Iain S McGregor, who are associated with The Lambert Initiative at the University of Sydney, studied the impact of cannabis on driving ability.

They determined that cannabis can impair driving ability in the hours immediately after smoking, but the impairment ends well before THC metabolites are flushed from the bloodstream.

“Patients using THC-containing products should avoid driving and other safety-sensitive tasks (e.g. operating machinery), particularly during initiation of treatment and in the hours immediately following each dose,” the authors wrote. “Patients may test positive for THC even if they do not feel impaired, and medical cannabis use does not currently exempt patients from mobile (roadside) drug testing and associated legal sanctions.”

Hound Labs, based in Oakland, California, said in 2021 that market release is imminent for its Hound Marijuana Breathalyzer, which can detect the presence of THC molecules in the breath.

“The first commercial units of the Hound Marijuana Breathalyzer will be in the hands of customers this spring,” Dr. Mike Lynn, an emergency room physician who is CEO and co-founder of Hound Labs, told High Times. “Production will ramp up throughout the rest of 2021.”

The introduction of the Hound Breathalyzer could really shake things up for law enforcement, motorists, employees, employers, and medical cannabis patients. It’s different from other drug tests because Hound Labs reps say it can test whether the person is currently high, as measured by the presence of THC molecules in the breath. The developers of the Hound believe that THC molecules linger in the breath for up to four hours after smoking. 

In the U.S., 12 states—Arizona, Delaware, Georgia, Indiana, Iowa, Michigan, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah and Wisconsin—have zero-tolerance laws for certain drugs including THC.

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The Victorian parliament has passed new laws that will allow medical cannabis users to get behind the wheel on a closed road. These new laws are part of a trial that will look into the impact marijuana has on a person’s driving ability.

In 2016, Victoria was the first Australian state to legalize medical cannabis. However, individuals part of this program can still face legal consequences if they’re found to have tetrahydrocannabinol (THC) in their system while driving.

The difficulty with this is THC can remain in a person’s system long after the “high” has worn out. That said, you can find yourself with an offense even if you haven’t consumed it for a few days. As of this time, Tasmania is the only state that allows for a medical defense if THC is found in a driver’s body fluids.

This is the primary importance of Victoria’s trial – to determine what’s a safe level of THC to be driving with. Many Victorian medical marijuana users have raised concerns about the risk of losing their license or being fined. The Victoria parliament had initially addressed these concerns in 2021, but efforts were delayed due to COVID-19. 

The government plans to commission an independent research organization (currently undetermined) which will be supported by the Department of Transport and Planning. And they’ve made sure to note that this research will take place in a controlled-driving environment that’s separated from public roads.

Such efforts couldn’t come at a better time. According to road safety minister, Melissa Horne, the number of medical marijuana patients in Victoria has increased more than 700% over the last 2 years.

The Importance of Understanding Cannabis’s Effects on Drivers

While Victoria can recognize the many benefits medical cannabis provides to residents, there remain “significant gaps” in their understanding of THC. More specifically, how it affects drivers and what the risk is for road safety.

“This bill will allow us to deliver a world-leading research trial into medical cannabis and driving, enhancing our understanding of how cannabis affects driving behaviour and informing future reform,” Horne said.

There have been other efforts for reforms to road laws and medical marijuana. For example, upper house MPs Rachel Payne and David Ettershank, of the Legalise Cannabis party, have been championing for it to no longer be an offense if a driver who has detectable levels of THC in bodily fluid is unimpaired. Both Payne and Ettershank support the current trial but are concerned it will take too long.

“The reality is patients continue to wait,” Payne said. “Medicinal cannabis has been prescribed since 2016, that’s a long time for patients to have to wait for a resolution.”

She continued: “A medicinal cannabis patient should be treated like any other patient who is prescribed medicine by a doctor who also provides appropriate advice about when that patient is safe to drive.”

Beyond this information, it would also help to have a way of testing impairment. Since law enforcement can’t resort to surefire results as seen with a blood-alcohol test, it would also benefit Victoria to determine a proper physical test to decide on a driver’s state of intoxication.

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Leaders in three state parliaments in Australia—Victoria, NSW, and Western Australia—introduced draft laws simultaneously on June 20 to push for adult-use cannabis. 

Cannabis remains illegal under federal law in Australia, though a growing number of city and state governments have legalized recreational cannabis use, thus creating a checkerboard of cannabis laws. Sound familiar to what is seen in the U.S.?

Legalise Cannabis Victoria MP Rachel Payne, Legalise Cannabis NSW MP Jeremy Buckingham, and Legalise Cannabis WA MP Dr Brian Walker introduced the three-pronged bill in their respective parliaments, which would end cannabis prohibition in those states.

The “Regulation of Personal Adult Use of Cannabis Bill 2023” would allow adults who are lawfully in possession of cannabis to gift it to another adult in those jurisdictions. It would only allow people 18 and older to access it and would make no changes to the crime of selling cannabis.

The proposed legislation would allow adults to possess and grow small quantities of cannabis at home, and it is similar to Australian Capital Territory (ACT)’s bill that came into effect in 2020.

Landmark measures were passed in the ACT Legislative Assembly, clearing the way for individuals aged 18 and over to possess and grow cannabis beginning on Jan. 31, 2020. ACT was the first state or territory in the country to legalize cannabis for adult use. Others followed.

Legalise Cannabis Australia was formerly the Help End Marijuana Prohibition (HEMP) Party. Its policies focus around the re-legalization of cannabis for personal, medicinal, and industrial uses in Australia.

Legalise Cannabis MPs React

Several Legalise Cannabis MPs applauded the announcement of the bill and said they are simply doing what their constituents want.

Victorian Legalise Cannabis MP David Ettershank told ABC Radio Melbourne the people in Australia agree the time is now to reform cannabis laws. “The majority of Victorians support the regulation of cannabis, and a huge number of Victorians … regularly consume cannabis,” he said.

Legalise Cannabis Party NSW MP Jeremy Buckingham, who is a former Greens MP, said it was the nation’s first coordinated attempt to legalize cannabis.

“The Bill … will allow households to grow up to six plants, for that cannabis to be (gifted and) shared, and for the trade in seeds,” Buckingham said. 

“We already have the Greens and Liberal Democrats supporting our move … and now it’s time for Labor to move in WA, Victoria, NSW and nationally,” he said.

The Guardian reports that it’s the first united push between the three state governments.

Rachel Payne, a Legalise Cannabis Victoria MP, said the bill would put the state governments on the “the right side of history when it comes to cannabis law reform.”

What Adult Use Cannabis Could Bring to Australia

Legalizing marijuana could be a major economic boon in Australia.

Western Australia in particular could be reaping the benefits of legal cannabis sales, according to a new study.

ABC Radio Perth reports that the study, from researchers associated with the University of Western Australia, found that cannabis legalization could bring $243.5 million per year in the first five years to Western Australia. 

For the time being, cannabis remains illegal in Australia, with penalties varying from state to state. In Western Australia, according to the Guardian, “[f]ines range from $2,000 to $20,000 and up to two years in prison,” but for “possession up to 10g police [law enforcement] can use discretion to order the person to a counselling session (one for adults, two for children).”

The new law being presented in three additional states could help to change that.

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The annual 420 Rally & Community Picnic at Flagstaff Gardens in Melbourne, Victoria, Australia ended in disaster on April 20, when law enforcement sabotaged the event and hauled peaceful patients off while ignoring the medical cannabis law.

The Australian parliament amended the Narcotics Drug Act in 2016 to allow medical cannabis. In Victoria, doctors and nurse practitioners can prescribe medical cannabis, but certain products need approval from the Commonwealth Therapeutic Goods Administration (TGA).

The 420 events there today are a mix of celebration and a call to action. Jason, aka “Ancient Jay” organizes the 420 Rally & Community Picnic each year. Ancient Jay says this didn’t deter police from arresting people smoking peacefully at the rally.

“A pre-planned assault on some of Victoria’s most vulnerable members of the community, the police intimidated and illegally searched just about everyone passing through the park including a cancer patient recovering from recent brain surgery,” Ancient Jay told High Times.

“I was approached by one elderly gentleman who had been strip searched in plain view of everyone despite not having any cannabis or illicit substances, the humiliation he felt was visible in the tear rolling from the corner of his eye.”

Ancient Jay is a drug reform advocate, host of Ancient Jay’s Argo Nights, and has used cannabis for medical purposes for over 30 years.

British tabloid Daily Mail profiled one particular incident in which several officers dragged a man and ignored his pleas that he held a prescription for medical cannabis. The man was handcuffed and dragged away. He also said he obtained his cannabis legally from a pharmacy. The man told reporters that he assumed he’d have a good time for what was his first time at the event with legal medical cannabis.

A Victoria Police spokesman said police were on-site at Flagstaff Gardens on Wednesday for the protest, and that the man was released later—but after first being arrested, handcuffed, and hauled away. It’s not the kind of freedom advocates envisioned with legalized medical cannabis in the state.

A blogger from Platform 2 Melbourne was at the rally, and decided to record and post it on YouTube, considering the nature of the event, despite a DJ playing music in the background.

Police aggression can be plainly seen on the video, and commenters called the police “uniformed thugs,” “cowards,” and other names.

Part of the problem is accessibility for medical patients. “Despite the legality and availability of prescription cannabis the present laws create a situation that allows patients rights to be ignored,” Ancient Jay said.

The actions of police signal that they are not observing the state’s recently implemented medical cannabis law.

“The aggressive approach by police towards the 420 Rally indicates a total lack of understanding or empathy towards these vulnerable members of the community and an intimidation focused approach towards law reform campaigners.”

Psychedelic artist TROG is based in Victoria, and has many connections with the cannabis community there. He was also impacted by the course of events at the rally.

“It’s 2022, every human knows cannabis isn’t harmful, incidents like this shouldn’t happen, it’s incorrect,” TROG told High Times.

Around half of Australians say that cannabis should be legalized. According to a survey in 2019, 41.1% of Australians believe cannabis should be legalized in the country—a significant jump in approval ratings compared to 2013 when they were asked the same question. In an online survey, conducted by polling company Essential Research between March 30 and April 2 of 2022, 50% of respondents said that they were in favor of full cannabis reform.

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