A move by the Greens to make medicinal cannabis use a defence against a drug-driving conviction has been voted down in the New South Wales state parliament.
The amendment to the Road Transport Legislation Amendment Bill, moved by Greens Member of the Legislative Council David Shoebridge, stated: “It is a defence to a prosecution… if the defendant proves to the court’s satisfaction that… the presence in the defendant’s oral fluid, blood or urine of delta‑9‑tetrahydrocannabinol was caused by the consumption of a substance for medicinal purposes.”
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On any opiate-based prescription medications you receive, there is a clear warning that you should NOT operate heavy machinery or vehicles whilst under the effects of the prescription medication.
The reason for this is that there is empirically clear evidence that the effects of opiates have an impact on motor function. THC, on the other hand, is a single cannabinoid that has been identified and studied within a spectrum of cannabinoids that affect any human’s endocannabinoid system differently.
There is no empirical evidence that THC affects motor function, it is simply not in its ability to prescriptively do this – THC is not an engineered metabolic drug – it’s just a naturally occurring lipid within the plant kingdom.
Would there be the same response from @Fred Nile if the test was for any amount of alcohol in the body’s system? Doubt it.
How about testing the elderly who have driver’s licences rather than someone with trace elements of THC in their system. The elderly aren’t stupid, they memorise eyesight tests etc to keep their licence.There are so many cases of older people getting confused with the brake and accelerator and causing crashes. Their reaction times would be shocking, yet they are allowed to drive well past the time when they should have been refused a licence. Let’s see some studies on this!!
There needs to be a regulation to require any positive test to undergo a roadside sobriety test. Remember before electronics took over, observation in impaired driving laws, then the actual impaired drivers can be charged without the collateral damage to other drivers with positive tests that are not impaired.