Amend random roadside presumptive testing laws to exempt holders of medicinal cannabis prescriptions

Eligibility - Queensland residents
Principal Petitioner:
Bernard Bradley
2/18 Sobraon Street
Total Signatures - 11,435
Sponsoring Member: The Clerk of the Parliament
Posting Date: 26/6/2023
Closing Date: 26/12/2023
Tabled Date: 13/2/2024
Responded By: Hon Bart Mellish MP on 14/3/2024
TO: The Honourable the Speaker and Members of the Legislative Assembly of Queensland

Queensland residents draws to the attention of the House the impact of roadside drug testing on the lives of thousands of legally prescribed medicinal cannabis patients be considered in Queensland law.

Fifteen years of roadside drug testing hasn’t reduced the road toll. Speeding remains the biggest killer on Queensland roads, followed by drink driving.

A 2023 study in the United States concluded there is no correlation between minute quantities of THC present in blood/oral fluid/breath and driving performance. This is consistent with numerous other studies finding detection of traces of THC isn't predictive of driving impairment.

A 2021 study by a PhD student at the University of Sydney revealed that common drug testing devices were unreliable, consistently returning up to 10% false positives and 9% false negatives.

Most cannabis patients are disinclined to drive soon after use, however, THC can remain present in the system for a long time. Current "zero tolerance for THC" rules causes extreme distress for patients who must choose between their mobility and independence (driving) and taking their prescribed medication.

RDT is about deterring people from driving while using cannabis. Deterrence should not be a factor for those using cannabis to treat medical conditions. No other prescribed medical treatment is subjected to similar conditions.

Your petitioners, therefore, request the House address the injustice perpetuated on those using prescribed medicinal cannabis by affording them a legislated exemption from random roadside presumptive drug testing laws contained in the Transport Operations (Road Use Management) Act 1995 and associated Regulations.