Charged with Drug Driving but Have a Cannabis Prescription? What You Need to Know in Victoria
If you have been charged with drug driving in Victoria but have a prescription for medicinal cannabis, you might assume you are protected—but that is not the case. The law in Victoria is clear: having a prescription does not provide a legal defence to drug driving charges.
It is an offence to drive with any detectable presence of THC (the active ingredient in cannabis) in your system, even if prescribed. Roadside drug tests check for the presence of THC, and even trace amounts can result in a charge.
If you intend on pleading not guilty to this offence, you may challenge the accuracy of the roadside test or argue procedural errors by police. However, these defences are complex and rarely succeed without legal assistance. The chances of success on one of these grounds, unless something is seriously abnormal about your case, is very remote.
Licence Impact:
Most people charged with drug driving are subject to mandatory licence loss. However recent changes to the the Road Safety Act (Section 50(1F)) mean that the court does not have to take your licence if you are charged with driving with THC in your system and you have a prescription for medicinal cannabis.
If you are facing drug driving charges but have a prescription for cannabis, it is crucial to get legal advice. A lawyer can make the difference between losing your licence or keeping it.
Loftgood Legal are experienced in defending drug driving charges in Geelong and across Victoria. Contact us today for clear, practical advice and strong representation.
