If you drive with even the smallest detectable trace of cannabis in your system, you are going to be charged with a criminal offence under section 111 of the Road Transport Act.
Even if that cannabis has been prescribed by a GP and you have legally consumed it.
Yet across the border in the ACT, you can buy and smoke cannabis legally.
In 2006, the NSW parliament criminalised drug driving. Mobile drug tests became the police tool of enforcement.
At a roadside stop, police have the power to obtain a saliva sample from you using a swab stick, or a device that scrapes your tongue.
If caught, the maximum penalty for a first-time offender is $2,200 with a 6-month licence disqualification period.
“The legislation is controversial as you can be charged even if you are driving perfectly competently and the cannabis in your system has been legal prescribed by a GP,” criminal lawyer, Mathew Nott, said.
“The law has got to change to permit people people the opportunity to produce their cannabis prescriptions if stopped by police for a roadside test.
“If their only issue is a positive roadside test for traces of cannabis, they should be permitted to go on their way rather than end up in court on a drug-related charge.”
In 2016, medicinal cannabis was introduced as a common form of medical treatment for a range of conditions such as body pains and anxiety.
The legislation as currently drafted fails to provide a defence for offenders who test positive for cannabis which is medicinally prescribed.
Early this year, drug driving was announced to be an absolute liability offence which makes it even tougher if you are charged.
This means that the defence of honest and reasonable mistake of fact is no longer available.
In the right circumstances, you can have your charge dismissed if you have been driving with legally prescribed cannabis in your system.
For expert advice from laweyrs with a track record in drug diving cases, Contact Nott and Co Lawyers for more a private discussion.
