Despite relying on medicinal cannabis to ease pain and suffering caused by chronic illness and disability, Imogen Kars fears the drug could get her in legal strife on the road.
The 27-year-old from far north Queensland uses prescribed cannabis to manage rheumatoid arthritis and intracranial hypertension.
Without medicinal cannabis, Ms Kars said it would be impossible for her to keep her copywriting job due to pain, stiffness, and swelling in her joints and hands.
"I'm a disabled working professional," she said.
"I'm not using it to party or to have a good time.
"I'm using just to be able to function and feel better."
Tetrahydrocannabinol (THC) is the major psychoactive component in cannabis.
THC can be detected in a roadside saliva test for more than 12 hours after cannabis use, even when people are no longer impaired by the drug.
Several Australian states, including Queensland and Victoria, are reviewing medicinal cannabis road laws.
Ms Kars has backed the law review.
She worries she could lose her licence or be "entered into the [criminal] system" if she fails a roadside drug test.
"I'm scared of getting in trouble for something that I legally and morally now have the right to do," she said.
"Anyone who's used cannabis could tell you that the effects wear off after a few hours.
"It's not something that stops you from being able to function the next day or the day after — or even a week later."
The idea of being pulled over by police and testing positive for cannabis in her system "scares" Ms Kars.
It makes her rethink her use of medicinal cannabis.
"I'm a good citizen. I've never even had detention in school. I've never been in trouble with the law," she said.
"Even the night before, when I know that I'm not going to be affected by it the next day, I still think twice.
"It makes me think twice about using the pain relief that I'm legally allowed to."
Road rules under scrutiny
Victoria is at the forefront of discussions with legislators, engaging in deliberations to revamp existing drug-driving laws through the Road Safety Amendment (Medicinal Cannabis) Bill 2023.
Authorities are examining the current regulations and evaluating potential revisions.
The medical benefits of cannabis and the potential risks associated with driving under its influence are being considered.
Victorian student Jake Campbell was prescribed medicinal cannabis to manage pain associated with his stage-three testicular cancer.
But he stopped taking it as he feared being caught breaking the law.
"I was still able to drive but if I took it, I was worried," Mr Campbell said.
"I asked things like, 'What's the life of it? How long does it last? Is it going to stay in my blood? If I take it at 8:00pm can I decide to drive at 8:00am? What if I get pulled over and tested? Am I going to get done for having a trace amount in my blood?'
"It limits you if you're wanting to be cautious."
Mr Campbell said Victoria's drug driving laws should have some "leeway", or a legal limit, for blood THC levels — like there is for alcohol.
"When they test you, from what I understand, it might just be positive or negative," he said.
"But [they should] select a number in terms of how much you're allowed in your system.
"For people who are medically prescribed and who can prove that they're medically prescribed, I think that would be a step in the right direction."
Mr Campbell said the current legislation was inadequate.
"It's limiting the quality of life for people who are taking it, who might need to take it daily," he said.
People should be 'free to drive': lawyer
Victorian lawyer Ben Watson has represented many people who have been penalised for failing roadside drug tests.
Some of his clients had been taking prescribed medicinal cannabis for chronic pain or cancer.
"It's led to infringement notices and in some cases appearances in court," he said.
"Currently [there's] no defence available."
Mr Watson wants drug driving laws changed so that people who are prescribed medicinal cannabis are treated like those using other prescription medications.
"So as long as that person isn't impaired a person should be free to drive with that medication in their system," he said.
Mr Watson said many of his clients were not charged with driving carelessly or dangerously while the drug was in their system.
"It's simply that it's been detected in their oral fluid and that's enough for them to [be charged] under the drug driving rules," he said.
Road safety concern
Pain Australia's chief executive Julio Jones supports an update to Australian drug driving laws.
"In the United States, Canada, Germany, the driving law now requires that people judge whether they are impaired or not," she said.
"They have to pass an impairment test if they're pulled over by the police.
"So it's a matter of working out what that would look like for Australia and proposing a model essentially for state-by-state laws."
But Australian Road Safety Foundation chief executive Russell White said politicians needed to be very cautious.
"Like any other prescription drug that affects anyone's state, I think we've got to treat each one of those with a great deal of concern," he said.
Mr White worries about the message a change in drug testing laws could send about the risks of driving under the influence of drugs.
"[It's] watering down that level of public awareness," he said.
"The more blurred those lines become, then the potential risk we've got for a spike in road safety becomes a concern."
