Calls for change after driver not at fault in crash charged by police
March 15, 2025
Medicinal cannabis patients, advocates call for change to driving laws
In short:
Tom Smith was fined for having THC in system after being in a car crash that was not his fault.
He had taken a dose of prescribed medicinal cannabis two days before the accident.
What’s next?
There are only two states in Australia where drivers will not be punished for using medicinal cannabis and advocates are calling for that to change.
Tom Smith* has finished a legal battle over a car crash in Western Australia last year that left him requiring surgery and physiotherapy.
He was also charged by police, but the August crash was not his fault and the charge was not directly related to the incident.
In a southern WA court Mr Smith was fined $700 for driving under the influence of tetrahydrocannabinol (THC), the main psychoactive component in medicinal cannabis, which he took two days before the crash.
Mr Smith takes medicinal cannabis to handle the symptoms of a bowel disorder.
He said other medications had been ineffective.
“Cannabis really cleared the fog in my head,” Mr Smith said.
A blood test taken at the hospital after the crash showed traces of THC and as a result he was charged for being behind the wheel with it in his system.
“I didn’t willingly go out to have an accident — I didn’t willingly go out to break the law by having this in my system,” Mr Smith said.
“I was completely unimpaired.”
If Mr Smith is caught driving with THC in his system again he will lose his licence for a minimum of six months and incur a mix of fees and fines worth at least $2,000.
But he said the medicine had done wonders for his pain and mental health and in a regional town it was difficult to live a normal life without driving.
Mr Smith said losing his licence would be “devastating”.
“Travelling for my operations — I don’t think I can afford that cost,” he said.
“I would have to rely on friends and family for everything in my life.”
Different rules in different states
In WA there are no consequences for driving with traces of other medications such as opioids, benzodiazepines and anti-depressants provided the person is not impaired.
Medicinal cannabis is legal in the state, but it is illegal to take it and drive regardless of impairment.
Tasmania is the only state where a person can legally drive with medicinal cannabis in their system.
Victoria has also implemented a reform allowing a magistrate to decide not to suspend a person’s licence if they have a prescription and were not impaired.
Victoria is also holding studies with medicinal cannabis patients using real cars on closed roads that could inform plans for future reforms.
WA Health Minister Amber-Jade Sanderson said she was expecting a report on the matter to be completed later this year.
“This is very early — it’s very early in this sphere of medicine and understanding impact,” she said.
“There’s still work to do, more evidence to look at around the world.”
The South Australian government said it was still considering recommendations made in September 2024 by a parliamentary committee that called for the law to be changed to match Tasmania’s.
The ACT government would monitor ongoing studies closely, a spokesperson said.
The Northern Territory government provided an emphatic “no”.
“We prioritise certainty and security in the community and emphasise the importance of adhering to medical advice concerning medication,” a spokesperson said.
“Our position remains clear — we take decisive action to strictly prohibit driving under the influence of any substance, whether over-the-counter, complementary, prescribed, or illicit drugs.”
The New South Wales’ government’s Centre for Medicinal Cannabis Research and Innovation website states that it is illegal for patients taking THC to get behind the wheel, but patients using cannabidiol (CBD) – a non-psychoactive component – can legally drive.
Laws antiquated, experts say
Southern Cross University dean of law and Drive Change campaigner David Heilpern said Mr Smith’s story highlighted the issues surrounding how most Australian states treated medicinal cannabis users.
“There are people who lose their licence, lose their jobs, can’t afford to pay their mortgage, lose their housing, lose connection with family, lose the ability to get to the medical appointments they need to see because they’re using medicinal cannabis,” he said.
“The fundamental change we need is for THC-based medicines to be treated exactly the same as every other prescription drug is.”
Cannabis can impair a driver, but studies have not shown a clear relationship between THC levels and impairment.
Last year a study from Swinburne University study suggested patients who regularly took medicinal cannabis may build resilience, allowing them to drive unimpaired.
*Name changed for this story.
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