Dear ACT Government,

Let's make it legal for cannabis users to drive unimpaired in the Australian Capital Territory (ACT).

Although cannabis is now decriminalised in ACT, sober cannabis users are still being unfairly penalised for testing positive in roadside drug tests. The THC in cannabis can be detected in a roadside saliva test for more than 12 hours after use, even when the drug no longer impairs the driver. Unlike alcohol, it is illegal to drive with any trace of THC in your system.

Even people who use cannabis medicine as prescribed by their doctor cannot legally drive. Every day, users with health conditions have to choose between driving to work or being in pain. They live in fear of losing their driver's licence and livelihood; facing fines and imprisonment; and getting tied up in the court system. 

Even if a cannabis user was showing no signs of driving dangerously, they still face penalties worse than if they were caught drunk driving over the 0.05% blood alcohol concentration (BAC) limit. A driver who tests positive for the presence of cannabis is seen as “driving under the influence” and will be fined up to $4,800 and/or imprisoned for up to 6 months. They will also lose their licence for 6 months to 3 years. Repeat offenders face even higher penalties.

So, what needs to change in ACT?  

We should follow Tasmania's example. Tasmanian drivers who use legally prescribed medicinal cannabis may not be charged as long as their driving is not impaired.

Roadside saliva testing should continue in ACT, but with one important change: if a medical or non-medical cannabis user tests positive for THC, then police should conduct an impairment test (also known as a Field Sobriety Test), so that the driver can prove they can drive safely.

This system would be similar to what is already happening in New York and California, where they have trained their police to conduct impairment tests on drivers. They don’t rely on testing for the presence of THC because a panel of experts led by the California Highway Patrol concluded that the levels of THC in the bloodstream do not correlate with impairment. As part of ACT’s current crackdown on drink and drug driving, ACT should train police to conduct impairment tests so that cannabis users are treated more fairly. Our roads would also be safer if police tested for impairment from drugs that are not detectable in saliva tests.

Additionally, we need to reform the driver’s insurance system which discriminates against cannabis users. Currently, insurance policies may not cover you if you test positive for cannabis after a car accident even if you weren’t impaired or at fault.

Let's bring fairness and safety to our roads.

Signed, [your name]

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P.S. Join our Discord chat group if you’re interested in helping with this campaign, or getting involved in growing a cannabis users union in ACT that can stand up for the rights of all cannabis users! 

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Source of petition cover image.