Clear, easy-to-understand information on the new roadside testing regime, how it affects drivers, and the critical pain points for legal medical cannabis patients.
The current regime tests for presence, not just impairment.
Police have the authority to stop any driver at any time. They will use an oral fluid (saliva) swab to screen for THC, Methamphetamine, MDMA, and Cocaine.
If you fail the first swab, you must take a second. If you fail the second test, police will issue an automatic 12-hour prohibition from driving. You will be stranded instantly.
A sample is sent to a lab to test for 25 qualifying drugs. If confirmed above threshold limits, you will receive an infringement notice (fine and demerit points) in the mail.
The law inadvertently punishes legal medicinal cannabis patients who are not actually impaired. Here is why the system is flawed:
Saliva tests detect THC for hours or days after consumption. A patient using cannabis at night for sleep can drive completely unimpaired the next afternoon and still fail.
Showing a valid prescription to police will not stop the 12-hour driving ban. The ban is absolute at the roadside.
You can use a "medical defence" against the resulting fine, but the burden is on you to prove you took it as directed and weren't impaired.
"A patient taking legal, prescribed medicinal cannabis at night could drive the next afternoon, be completely unimpaired, but still fail a roadside swab and be stranded for 12 hours."
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