Queensland, Australia, is considering significant changes to its driving laws, which would double penalties for drivers under the influence of alcohol or drugs and increase penalties for other offenses. These proposed 'zero tolerance' laws are slated to take effect on December 1.
The amendments would raise the maximum penalty for motor vehicle offenses resulting in death or grievous bodily harm from 16 years to 25 years. Additionally, the reforms include increasing minimum license disqualification periods and expanding mandatory imprisonment for serious and repeat dangerous driving offenders.
The Crisafulli government asserts that the reforms will underscore the message that driving under the influence is unsafe. However, critics have voiced concerns that the changes could unfairly penalize individuals with medicinal marijuana prescriptions.
Martin Milne, state manager for the Alcohol and Drug Foundation, noted that current roadside drug testing primarily detects THC in saliva and cannot measure impairment. He stated in a submission to the bill that individuals might face penalties, including fines and license suspension, for taking prescribed medication, even if the psychoactive effects have long worn off. THC can remain detectable in saliva for up to three days after use, potentially leading to penalties for drivers who are no longer impaired.
David Heilpern, a former magistrate and Dean of Law at Southern Cross University, echoed these concerns, suggesting that the stringent approach might deter Queenslanders with prescriptions from using their medication. He pointed out that there is no evidence linking consistent medicinal cannabis use within prescription guidelines to increased road trauma, contrasting this with the known risks associated with opioids and benzodiazepines.
Conversely, proponents of the reforms, such as Joshua Cooney, RACQ general manager for advocacy, have highlighted Queensland's "road safety crisis." Citing 70 drug-related road deaths in Queensland last year, many involving cannabis, Cooney emphasized the need for improved road safety. The Australian Medical Association's Queensland branch also supports a continued ban on drivers using medicinal cannabis.
A Queensland parliamentary committee will review feedback on the bill before it is debated in state parliament. This proposed legislation follows recent drug driving reforms in New South Wales, which include an exemption for drivers with a prescription who have less than 50 nanograms per milliliter of THC in their system. Victoria and Tasmania also have provisions for medicinal cannabis users.