Victorian medicinal cannabis users free to drive from today

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From today, drivers won't automatically have their licence taken away if they're caught behind the wheel with traces of the drug in their system.

Drivers who test positive in a random roadside test for cannabis will have the chance to appear in court and show their prescription.

Judges will have the right to make individual decisions when sentencing people who have tested positive for tetrahydrocannabinol (THC).

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Approximately 1.8 million medicinal cannabis prescriptions have been dispensed since 2016.

Victorian Cannabis Legalisation Party MP David Ettershank said it was a victory for common sense.

"Until now, anyone prescribed medicinal cannabis lived in fear of losing their licence because under the old laws, even trace amounts of THC resulted in a six-month loss of licence for a first offence, and Victorian magistrates had no power to intervene," he said.

From March 1, magistrates can say, 'You're a medicinal cannabis patient, you've got your current script, and you weren't driving under the influence – you can keep your licence.'

THC, the psychoactive component of cannabis, can stay in a person's system for several days after they take their prescribed medication.

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Victoria's Legalise Cannabis MP, Rachel Payne, said the new law is long overdue.

"THC only has a short-term impact for a few hours, but a saliva test can detect it for days after use," said Payne.

I'm taking medicinal cannabis as prescribed, and like other patients, I'm responsible and don't drive after taking it, but I'm living with the anxiety of getting pulled over and testing positive.

There might be tiny amounts of THC left in me. I'm not sure, but I'm really glad I won't automatically lose my licence now.

The government has invested $4.9 million to fund research at Swinburne University, with the goal of measuring the effects of a particular substance on a person's intoxication level.

Researchers over the years will put a total of 96 drivers to the test to measure differences in speed, control, steering, braking and a driver's ability to handle distractions while using medicinal marijuana.

They will issue a report later this year, which may contain some suggested recommendations.

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