Australia: suggested law change has called for the ACT to distinguish between presence and impairment when it comes to medicinal cannabis users on the road. | Cannabis Law Report | Where to order Skittles Moonrock online

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A suggested law change has called for the ACT to distinguish between presence and impairment when it comes to medicinal cannabis users on the road.

ACT Greens Yerrabi MLA Andrew Braddock introduced the Road Transport (Alcohol and Drugs) Amendment Bill 2026, calling for medicinal cannabis users to be treated under the same legal framework as people prescribed other potentially impairing medications.

“There is a double standard at work here,” he said.

“The purpose of this bill is not to create an exemption for medicinal cannabis users [who are driving], it is to remove the discriminatory treatment they currently face.”

Under the current law, a person prescribed opioids or benzodiazepines (drugs that can cause driving impairment) only faces prosecution if impairment is proven.

But people using medicinal cannabis can be punished if delta-9-tetrahydrocannabinol (THC) is detected by roadside drug testing.

“The roadside drug test does not measure impairment; it measures presence,” Mr Braddock said.

“These are not the same thing.”

The suggested change would establish a statutory defence for medicinal cannabis users who return a positive roadside drug test.