Cannabis Driving Charge
The client, residing in Victoria, has been pulled over for a random breath test and returned a positive result for THC. They hold a valid medical certificate for cannabis use and use cannabis regularly, yet assert they were not impaired while driving. At the time of the incident, the client was returning home from work and holds a probationary driving licence. They have no prior drug offenses or traffic violations and are not taking any other substances that could affect their driving abilities.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the legal implications of driving with THC in my system, even if I have a medical certificate in Victoria?
In Victoria, driving with THC in your system is illegal, regardless of a medical certificate for cannabis use. The law focuses on the presence of THC, which can lead to charges under the Road Safety Act 1986. As a probationary driver, you face strict zero-tolerance drug-driving laws, not distinguishing between medical and recreational use. Positive tests for THC may result in fines, licence suspension, or mandatory drug education programs.
How does having a medical certificate for cannabis use affect my case if I test positive for THC while driving?
Having a medical certificate does not exempt you from the legal requirement in Victoria that prohibits driving with any detectable level of THC. Under current laws, even your medical prescription does not allow for THC when driving. Testing positive still leads to charges, irrespective of the nature of cannabis use, and your probationary licence status may come with stricter conditions.
Are there any legal precedents or defences that could apply in this situation?
In Victoria, driving with any detectable level of THC is an offence, despite having a medical certificate. Possible defences could involve challenging the accuracy of the drug test or asserting that THC's presence did not impair driving performance. Consult a lawyer to discuss if these defences apply based on your particular situation.
What are the potential penalties or consequences I might face if convicted?
In Victoria, driving with any THC in your system can result in a fine, licence suspension, and demerit points. Given a probationary licence, penalties can be more severe, with first-time offenders typically facing a minimum suspension of three months. Repeated offences lead to harsher fines and longer suspension periods.
Is there a difference in treatment between medicinal and recreational cannabis use under traffic law?
Currently, there is no distinction in traffic law in Victoria between medicinal and recreational cannabis use regarding driving. The law maintains a zero-tolerance stance, making it illegal to operate a vehicle with any detectable THC, ensuring road safety for all.
