Drive Change

Author: Tara DeVincenzo

  • Cannabis Improved His Life After the Army, but Driving Laws Stand in the Way of His Freedom

    Cannabis Improved His Life After the Army, but Driving Laws Stand in the Way of His Freedom

    Cody is sharing his experience as part of our “Personal Stories” series, inviting medicinal cannabis patients to share with the community how drug driving laws are impacting their quality of life. If you’d like to share your story, please email us at hello@drivechangemc.com.au

    Hi, my name is Cody. I’m 30 years old living with my partner and two beautiful kids in the northern suburbs of Adelaide. I have been a medical cannabis patient since April 2021, but my journey began around 7 years ago.

    In 2013 whilst serving in the Royal Australian Army, I suffered an acute knee injury that transformed into chronic pain. I have had multiple surgeries and countless hours of physiotherapy, none of which solved the problem. While I was dealing with this chronic pain, mental health issues began to develop. As a result, I was medically discharged in 2015. I had served 6 1/2 years.

    Cody relies on a driver’s licence to keep his job and provide for his family. The drug driving laws pose a threat to his livelihood and his wellbeing.

    Somewhere along the way, I had also developed a terrible relationship with alcohol, abusing it to numb both my body and mind. This lasted five years. I’m sober now, having not touched a drop since December 2020, but I attribute much of that success to my amazing family and psychiatrist.

    In the past, I sought conventional drugs to cope with my struggles. Antidepressants and strong opioid-based medications have been regular medications for me since 2014. As time progressed, I began taking benzodiazepines and sleep aid medication.

    In my experience taking these drugs over the years, I’ve had a handful of unintentional overdose experiences. It’s very concerning how easily this can happen. This ranged from skin itches and rashes to becoming violently ill and losing consciousness.

    It would be safe to say that I’ve had my fair share of traditional prescription medication.

    In an attempt to relieve me of my dependence on these troublesome drugs, I obtained a legal prescription for cannabis. It quickly became clear that there were benefits of cannabis on both my physical and mental state. I had no adverse effects from cannabis, leaving me stumped as to why medicinal cannabis wasn’t more widely accepted.

    Starting to medicate with cannabis has been the best medical choice I have ever made. At least 90% of my medication is cannabis. As a result, my dependence on both opioids and benzodiazepines has plummeted.

    However, the biggest problem I have with medical cannabis is the unfair and discriminatory drug driving laws across the country, specifically in my current state of South Australia.

    Like a lot of people, I work and need a licence to do so. However, every time I get behind the wheel I run the risk of testing positive for THC at a roadside drug test, even several hours after the impairing effects have worn off.

    It makes you feel like a bit of a criminal. Unfortunately, this is a common feeling amongst the medical cannabis patient community.

    Medicinal cannabis patients shouldn’t have to choose between medicating or keeping a driver’s license and job. If someone is prescribed medicinal cannabis and they’re not driving impaired then they should not be guilty of an offence.

    These laws need to change immediately, the current legislation is discriminatory, outdated, and maintained purely through ignorance.

    I have seen and also personally experienced such a positive outcome that medical cannabis has to offer, I beg everyone involved in the legislation of this: please reform these unfair laws now.

    You can help be an agent of change for these unjust laws by signing our petition.

  • One Size Does Not Fit All: Mick Palmer on the Need for Fit-For-Purpose Driving Laws in Australia

    One Size Does Not Fit All: Mick Palmer on the Need for Fit-For-Purpose Driving Laws in Australia

    This article is written by Drive Change ambassador and former Commission of the Australian Federal Police, Mick Palmer. Below, he shares his take on where the laws need improvement to protect medicinal cannabis patients and the community on the road.

    There is a clear and well-understood correlation between impaired driving and road safety. Australia’s road toll is of broad community concern, and the Government’s effective policies–like the .05 drink driving legislation and speed cameras– should be applauded. However, Australia’s ‘zero-tolerance’ drug driving policy creates trouble for both patients and police. 

    “Fit-for-Purpose”

    The government has already allowed for doctor-approved access to medicinal cannabis. This comes in response to the ever-growing scientific evidence, in addition to anecdotal evidence, that medicinal cannabis provides relief for people experiencing genuine pain and suffering due to a range of health issues, including terminal illness.

    The government’s recognition of this evidence provides a step toward relief for thousands of Australians. However, for the legality of medicinal cannabis to fully operate as intended, the roadside drug testing protocol urgently requires amendment. 

    I am not suggesting impaired driving laws should be weakened, but rather that they are updated to fit-for-purpose and aimed at achieving intended outcomes. 

    To become fit-for-purpose, retain credibility, and operate fairly, driving laws must be aimed at dealing with impaired driving. Until this happens, many law-abiding Australians suffering from illness and often extreme pain will continue to experience legal and physical distress as a direct result of the discriminatory drug driving laws. 

    “Police Leniency”

    Likewise, police have a clear responsibility to effectively manage and apply the legislation in the community interest. The truth is that police exercise considerable compassionate discretion in their enforcement of drug driving laws every day. This is, in part, due to the driving laws being unfit-for-purpose and in need of review and amendment, or repeal.

    The role of the police is to enforce laws, not make them. It is certainly a recipe for inconsistency to expect the police to cure legislative deficiencies by making personal judgments on patients. 

    Furthermore, if police are screening for medicinal cannabis use but not for impairment, the laws are unfit-for-purpose and end up punishing people already coping with a terminal illness or serious pain.

    Medicinal cannabis patients should not need to rely on the favourable exercise of discretion by police to escape punishment. It is up to Governments to have the courage and decency to legislate the necessary changes.

    “Necessary Changes”

    If there is any chance that medicinal cannabis can help people with terminal illness or serious pain, to lessen their pain and suffering and improve their quality of life, we should, as an educated and compassionate society, do all that is reasonably possible to facilitate access. 

    The fact that these current drug driving laws exist is sufficient for many patients who qualify for medicinal cannabis treatment to decide not to take their medication. 

    Some of these patients need to drive their motor vehicles as a matter of daily necessity. Sufferers should not be forced into situations where they may end up breaking the law to gain relief. Surely this is not the government’s intention.

    The reality of current roadside testing is that they are not only discriminatory, but also invariably lead to further distress, fear, and embarrassment for the patients.

    The resulting pain and suffering achieve the exact opposite of the intention of Governments in allowing legal access to medicinal cannabis in the first place. I am personally confident that this also is not the intention.

    The facts speak for themselves. There is a better way to uphold law and road safety. We must be prepared to explore the options. 

    As an example, Norway has successfully been assessing drug levels in driver’s systems for many years. This surely is far preferable to the continuation of a “zero-tolerance” approach that we have here, which can only be beaten by judicial discretion.

    The current medicinal cannabis drug testing laws need to be subject to urgent review. By amending the laws, we move to ensure they operate fairly and without discrimination while continuing to achieve the intended outcome of controlling impaired and potentially dangerous driving.