End Driving Discrimination Against Medicinal Cannabis Patients

Queensland’s current drug-driving laws discriminate against prescribed medicinal cannabis patients and these laws are about to become even harsher.

A patient can take medicinal cannabis legally and exactly as prescribed by their doctor, experience no impairment, and still face prosecution simply because THC is detected in their system.

Roadside drug testing detects the presence of THC, it does not determine whether a driver is impaired or unsafe to drive. Many medicinal cannabis patients who take their medication as prescribed do not experience impairment, particularly those who have been using a stable prescribed dose over time. THC can also remain detectable after any impairing effects have passed.

A positive roadside drug test does not prove that a person is impaired or unable to drive safely. However, under Queensland’s current zero-tolerance laws, medicinal cannabis patients can be treated like illicit drug users despite holding a legal prescription, following medical advice, and being fit to drive.

The Queensland Government has now scrapped the review into medicinal cannabis driving laws while moving ahead with tougher drug-driving penalties. From December 2026, drug-driving penalties will increase, including higher fines and longer licence disqualifications. Roadside drug testing will also be expanded in 2027, meaning more medicinal cannabis patients may be tested and penalised under laws that do not distinguish between the presence of THC and actual impairment.

For many Queenslanders, losing their licence can mean losing their employment, independence, access to medical care, and ability to support or care for their families. Patients should not be forced to choose between taking legally prescribed medication and retaining their right to drive when they are not impaired.

The Queensland Government must act before these harsher laws take effect. A legal medical defence should be introduced for patients who hold a valid medicinal cannabis prescription, use their medication as directed, and are not impaired while driving.

Road safety laws should target impaired and dangerous driving, not punish patients solely because their legally prescribed medication is detected.

Patients who take other potentially impairing prescription medications are generally judged on whether the medication affects their ability to drive safely. Medicinal cannabis patients deserve the same fair and evidence-based treatment.

This is medical discrimination. Prescribed medicinal cannabis patients should not face increasingly harsh penalties simply for using legal medication. They deserve the right to drive when they are not impaired.