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case in which a driver was found drug users. 4
with detectable levels of THC in Even with an impairment standard
his system nine days after smoking in place, there is still a discussion
cannabis. Luckily, the Magistrate
realised the absurdity of the to be had as to whether the
situation and found the driver not behavioural changes brought about
guilty on the basis of ‘honest and by a drug actually have an impact
reasonable mistake’. However, it on driving. In particular, there is
is a good demonstration of how an open question as to whether
variable these detectable levels can opioid replacement therapy (e.g.
be. Of particular concern is that as methadone) would result in
saliva-testing technology improves, allegations of ‘impairment’ given 4 . A SS E SS I N G
it will be more likely that roadside the current definition. But these are
detection will discover “trace levels” questions for another day. T HE IMP A C T O F
of a drug, days or even weeks after Given the issues raised by
consumption. P RE S C RI P T I O N
the current laws, the current
WELL, WHAT IS THE detectable amount offence in ME DI C AT I O N O N
SOL UTION? Victoria should be abolished in
preference for more nuanced R O AD S AF E T Y;
options.
The solution actually already exists
in Victoria’s drug driving laws. HO W CAN I HELP
Along with the detectable level REF ORM THESE
offence for the “big three”, there LAW S?
exist other overlapping offences
under the Road Safety Act 1986 The Victorian Parliamentary
(Vic), which focus on drug Inquiry into the State’s drug
impaired driving. laws, provides an opportunity
Under s49(1)(a) of the Act it to challenge our current road-
side testing and drug-driving
is an offence to be under the
laws.
influence of a drug to such
an extent as to be incapable We encourage all interested
of having proper control of a parties to make submissions to
vehicle. this inquiry, particularly if you
Similarly, under s49(1) (ba) it have been affected by the current
is an offence to drive whilst drug-driving regime.
‘impaired’ by a drug, where
‘impaired’ refers to behaviour
consistent with having taken Roadside
that drug (in other words, being
noticeably “high”).
Although not perfect, a move Drug
away from a zero tolerance
detection approach to an ‘impair-
ment’ standard, strikes the right Testing
balance between ensuring safety on
our roads and not unfairly penalising

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