Wed Sep 18 01:24:08 UTC 2024: ## South Australia’s Zero-Tolerance Cannabis Driving Laws Under Fire
**Adelaide, Australia** – A parliamentary inquiry in South Australia has unanimously called for changes to the state’s strict “zero-tolerance” policy regarding drivers with cannabis in their system. Legal experts and advocates argue that the current law, which automatically suspends licenses for three months upon detecting any amount of THC, unfairly targets medicinal cannabis users.
The inquiry, led by Greens MLC Tammy Franks, highlighted the fact that THC can remain detectable for days after the effects of cannabis have worn off. This poses a significant challenge for individuals prescribed medicinal cannabis for various health conditions, many of whom find themselves facing license suspension despite not being impaired while driving.
“People’s lives are destroyed by loss of license, particularly in rural and regional areas,” said David Heilpern, a former NSW magistrate and current Dean of Law at Southern Cross University. “Single mums lose their ability to take their kids to sporting events and educational opportunities…these are real costs, and for what benefit?”
The committee recommended amending the Road Traffic Act to include a defence for medicinal cannabis users, provided they are using it according to their prescription and are not impaired while driving. This would align South Australia with Tasmania, the only other state currently offering such a provision.
“The ban on having any THC in a person’s system is not based on science,” stated Greg Barns, senior counsel from the Australian Lawyers Alliance. “There is a two-year trial underway in Victoria looking at impairment levels and research in the US and Canada aims to establish a similar system to drink-driving laws.”
The inquiry also raised concerns about the accuracy of roadside drug tests, citing a recent instance where a driver falsely tested positive for methamphetamine. While acknowledging the benefits of such testing, legal experts like Adelaide traffic lawyer Karen Stanley stressed the need for more accurate methods and tests based on impairment rather than mere presence.
The South Australian government has expressed openness to reviewing the recommendations, stating they are “open-minded to further improvements while ensuring road safety outcomes are maintained.” The inquiry’s findings have sparked a wider conversation about the need for a more nuanced approach to cannabis driving laws, prioritizing scientific evidence and ensuring fairness for those using medicinal cannabis.
First Piper 