Medicinal Cannabis

The Hon. T.A. FRANKS (14:34): I seek leave to make a brief explanation before addressing a question to the Attorney-General on discretion around drug-driving offences related to medicinal cannabis.

The Hon. K.J. Maher interjecting:

The Hon. T.A. FRANKS: No.

Leave granted.

The Hon. T.A. FRANKS: In September 2024, in this council, the interim committee inquiring into medicinal cannabis made 13 recommendations to government. Recommendations 1 and 2 were specifically in regard to calling on the Minister for Infrastructure and Transport to undertake community consultation in respect of proposed amendments to allow those with a valid prescription who are not impaired to not fall foul of our drug-driving roadside testing regime.

Last week in Victoria, in that jurisdiction magistrates will now have the option to decide whether or not to cancel a driver's licence of a person who does test positive for THC and is using prescribed medicinal cannabis. While that change still doesn't affect existing impairment drug-driving laws in that state, the outcome does enhance the discretion of the court that will apply if the drug driver or rider isn't impaired or under the influence of drugs, it is a first-time offence and the matter relates to the use of a legal medicinal cannabis product in accordance with a current prescription, and whether that prescription is valid at the time of detection.

In Tasmania, there is a defence in the courts for somebody who is caught by drug roadside testing if they have a valid medicinal cannabis prescription but, actually, on a technicality, only if that prescription provider is based in Tasmania. So somebody travelling in Tasmania with a prescription from interstate or a Tasmanian local driving in Tasmania who has sourced their prescription from another jurisdiction, being across the border, does not have that defence. My questions to the Attorney-General are:

1. When will the government respond to the joint committee on medicinal cannabis, noting that there are 13 recommendations there, some of which include his portfolios in work health and safety?

2. Will he consider giving further judicial discretion in the meantime, following the Victorian or Tasmanian lead?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (14:36): I thank the honourable member for her question. That particular issue and issues more generally with medicinal cannabis cross a number of portfolios: health, transport under road traffic regimes, as well as my own under Attorney-General. Certainly, I was very appreciative of working closely during previous terms of parliament with the Hon. Tammy Franks on issues to do with not just medicinal cannabis but the ability to create an industrial hemp industry in South Australia. I will need to check, because it crosses portfolios, the status of where some of the things that she referred to are up to but I will bring back a reply for the honourable member.