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Tasmania’s current available defence for those found with THC in their system while driving is one crucial to preserve, according to a former magistrate. David Heilpern, who once worked in NSW as a magistrate, said the ability for drivers detected with THC in their system to defend themselves in court if they had a medicinal cannabis prescription was legitimate and sensible. READ MORE: Tasmanian golf clubs cull thousands of native animals Mr Heilpern is currently an adjunct and practice law professor at Southern Cross University and he said the current situation in Tasmania was leading the country. “If drivers are detected with THC they will be charged, however when they get to court they have a defence – if they can show that they had a prescription and that they were taking the THC in accordance with that prescription,” he said. Tasmanians were granted legal access to medicinal cannabis through doctor prescriptions within the state from July 1 this year under the federal government’s special access scheme. Previously Tasmanians wishing to access medicinal cannabis had to be prescribed the treatment by a specialist then apply for authorisation from the Department of Health under the Controlled Access Scheme, with hospital pharmacies allowed to distribute it. Medicinal cannabis medication may contain tetrahydrocannabinol (THC), cannabidiol (CBD), or a mixture of both, depending on a GP prescription. Mr Heilpern said he quit his job as a magistrate after having to impose “failing” drug driving laws which saw users of medicinal cannabis have their license taken away from them. He said while the system in Tasmania allowed those using medicinal cannabis but not adversely affected by THC to defend themselves, it still had scope to penalise those charged with offences relating to driving under the influence of THC. READ MORE: Lack of traffic separation a source of Bass Highway trauma “If this defence was to be removed then those who are prescribed cannabis have a choice between medicine and mobility,” Mr Heilpern said. “A high is the last thing these patients want. They simply want relief. Mr Heilpern expressed concern, despite the current state of Tasmanian legislation, it may end up mirroring other states where a medicinal cannabis prescription is not a defence. A government spokesperson said, at present, there were no plans to change the legislation but standard practice was to review how other states approached the offence. “Tasmania Police routinely reviews what is done in other states, as part of their normal due diligence processes to ensure our laws are contemporary and can best keep the community safe,” they said. When asked at the start of July, as the changes took place to medicinal cannabis access, Tasmania Police said it was consulting with other policing jurisdictions. READ MORE: An ancient palawa tradition is being lost and a whole community is concerned “[Tasmania Police is enquiring] what, if any legislative or policy change has been undertaken to address the use of medicinal cannabis while driving a vehicle and will assess the ongoing legislative response in Tasmania,” it said. A spokesperson from the Fire and Emergency Services Department said it was “expected to take some time to thoroughly consider the matter”. Law Society of Tasmania President Trevor McKenna said he was unaware of any plans to change the legislation and supported it in its current form. “If [policy] is to support the use of medicinal cannabis, then criminal law should reflect that as to avert any unintentional consequences,” he said. “There should be continued maintenance of the law as it stands.” What do you think? Send us a letter to the editor:
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Tasmania’s current available defence for those found with THC in their system while driving is one crucial to preserve, according to a former magistrate.
Mr Heilpern is currently an adjunct and practice law professor at Southern Cross University and he said the current situation in Tasmania was leading the country.
“If drivers are detected with THC they will be charged, however when they get to court they have a defence – if they can show that they had a prescription and that they were taking the THC in accordance with that prescription,” he said.
Medicinal cannabis medication may contain tetrahydrocannabinol (THC), cannabidiol (CBD), or a mixture of both, depending on a GP prescription.
Mr Heilpern said he quit his job as a magistrate after having to impose “failing” drug driving laws which saw users of medicinal cannabis have their license taken away from them.
He said while the system in Tasmania allowed those using medicinal cannabis but not adversely affected by THC to defend themselves, it still had scope to penalise those charged with offences relating to driving under the influence of THC.
“If this defence was to be removed then those who are prescribed cannabis have a choice between medicine and mobility,” Mr Heilpern said.
“A high is the last thing these patients want. They simply want relief.
“Tasmania should proudly defend this legitimate, sensible defence to drug driving … It is crucial that this position be preserved.”
Former magistrate David Heilpern
Mr Heilpern expressed concern, despite the current state of Tasmanian legislation, it may end up mirroring other states where a medicinal cannabis prescription is not a defence.
A government spokesperson said, at present, there were no plans to change the legislation but standard practice was to review how other states approached the offence.
“Tasmania Police routinely reviews what is done in other states, as part of their normal due diligence processes to ensure our laws are contemporary and can best keep the community safe,” they said.
When asked at the start of July, as the changes took place to medicinal cannabis access, Tasmania Police said it was consulting with other policing jurisdictions.
“[Tasmania Police is enquiring] what, if any legislative or policy change has been undertaken to address the use of medicinal cannabis while driving a vehicle and will assess the ongoing legislative response in Tasmania,” it said.
A spokesperson from the Fire and Emergency Services Department said it was “expected to take some time to thoroughly consider the matter”.
“If [policy] is to support the use of medicinal cannabis, then criminal law should reflect that as to avert any unintentional consequences,” he said.
“There should be continued maintenance of the law as it stands.”
What do you think? Send us a letter to the editor:
