Can you drive with medicinal cannabis/marijuana in your system?
The answer is both yes and no, and it depends on whether you have consumed cannabidiol (CBD) medication or delta-9-tetrahydrocannabinol (THC) medication and most importantly whether your ability to drive has been impaired.
Medicinal cannabis or marijuana has been growing in popularity to treat many health conditions and despite it now being legal to consume medicinal cannabis if legally prescribed by a doctor, drivers are being caught unaware that it is still illegal to drive with traces of delta-9-tetrahydrocannabinol (THC) in their system.
The difference between CBD and THC is that CBD does not have a psychoactive effect on the brain whereas THC does leading to impaired judgment, vision and coordination. Basically, if you have only consumed CBD which usually comes in the form of oil, technically you are legally allowed to drive as long as your ability to drive has not been impaired. If however, you are found with THC in your system whilst driving you will be charged by police under one of two charges (see below). A lot of medicinal cannabis products contain a combination of THC and CBD so it important to be aware that CBD dominant supplements often have small percentages of THC in them. CBD on its own is also known to have side effects of drowsiness and fatigue so to err on the side of caution it would be wise not to drive with this element of cannabis in your system.
When you are pulled over by police for a drug test, a sample of your saliva will be taken (or a blood test if required) and if any relevant drugs are detected you will be charged. Relevant drugs are the following:
- Methylamphetamine—also known as speed and ice.
- MDMA—the active ingredient in ecstasy.
- THC—the active ingredient in cannabis.
If a police officer suspects your ability to drive has been impaired by any drug, you can also be required to provide a specimen of blood for analysis.
The Law
There are two types of charges relating to driving with drugs in your system in Queensland:
1. Drive, attempt to drive or in charge of vehicle while relevant drug is present in your blood or saliva.
Any person who, while a relevant drug is present in the person’s blood or saliva—
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor vehicle, tram, train or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence and liable to a penalty not exceeding 14 penalty units (fine of $2,012) or to imprisonment for a term not exceeding 3 months.
The above charge is considered a low range drug driving charge as even though the drug has been detected it is too low to cause impaired driving.
2. Drive, attempt to drive or in charge of vehicle under the influence of drugs
Any person who, while under the influence of liquor or a drug—
(a) drives a motor vehicle, tram, train or vessel; or
(b) attempts to put in motion a motor tram, vehicle, rain or vessel; or
(c) is in charge of a motor vehicle, tram, train or vessel;
is guilty of an offence and liable to a penalty not exceeding 28 penalty units (fine of $4,025) or to imprisonment for a term not exceeding 9 months: Section 79(1) Transport Operations (Road Use Management) Act 1995.
Conclusion
To be clear it is 100 per cent illegal to drive with THC in your system and it is also illegal to drive with CBD in your system if it has impaired your driving. You can be charged for driving under the influence of any type of drug not just the drugs tested on a saliva test i.e. methylamphetamine, MDMA and THC. If you are being treated with medicinal cannabis do not drive if the products contain and amount of THC and if you are consuming CBD only products be very careful because if it causes any level of impairment while driving, attempting to drive or being in charge of a vehicle could lead to a charge of driving under the influence of drugs.
