In this brief article, we provide a legislative update on drug driving laws in Victoria.
Courts now have discretion not to impose license loss for motorists who test positive for prescribed medicinal cannabis.
Prior to the 1 March 2025 a motorist charged with a drug driving offence under sections 49(1)(bb), (hh) or (i) of the Road Safety Act 1986 (Vic) faced mandatory license loss of 6 months for a first offence and 12 months for a subsequent offence.
Section 50(1F) as inserted into the Road Safety Act 1986 (Vic) by the The Roads & Road Safety Legislation Amendment Act 2024 (Vic) came into force on 1 March 2025. The effect of this provision is that if a motorist is detected with cannabis, a Court now has discretion not to impose license disqualification for an offence under sections 49(1)(bb), (h) or (i) if the motorist can establish that they had been legally prescribed medicinal cannabis.
Section 50(1F) provides:
(1F) If an offence under section 49(1)(bb), (h) or (i) is in relation to the use of a prescription drug that is a legal medicinal cannabis product by a person in accordance with a prescription or other authority, on convicting the person, or finding the person guilty of an offence under section 49(1)(bb), (h) or (i)—
(a) subsection (1E) does not apply; and
(b) the court may, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for—
(i) in the case of a first offence, a period not less than 6 months; and
(ii) in the case of a subsequent offence, a period not less than 12 months.
For further information regarding drug driving laws in Victoria refer to our article.
