THE move to legalise cannabis for medicinal purposes could help take a load off the court system, according to Orange solicitor Michael Madden.
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“There is a move in the community to have cannabis decriminalised for medical reasons, and it is a sensible move, but that discussion should go hand in hand with the broader community discussion about legalising it,” he said.
Mr Madden said the impact of roadside drug testing had placed an extra burden on the court system.
He believes too many people who have not consumed cannabis for some time are becoming caught up in the net of charges and court appearances because they don’t understand the drug stays in their system.
“I’m not saying people who are in possession of illegal drugs should not be charged - that should stand,” he said.”
“What I am saying is when it is quite clear someone’s ability to drive is not impaired they should not be charged - it’s clogging up our court system.”
Lyndon Withdrawal Unit deputy chief executive officer Dr Julaine Allan said the roadside drug testing system had a long way to go before it was refined.
She said the impact of people citing medical issues for taking cannabis should not be underestimated.
“Police see it as an illegal issue, not a driving safety issue,” she said.
Dr Allan said many countries in the world had already decriminalised cannabis because of the time, money and resources involved in prosecution.
She said the reasons people took cannabis were varied.
“There’s a real mix, but what we do know is that drug use such as cannabis has a strong relationship to anxiety and depression and that is a health issue,” she said.
Dr Allan said roadside drug testing did not take into account people who were unfit to drive because they were heavily medicated with prescription drugs.
“For example there is no test yet for opiods,” she said.
Dr Allan said prescriptions drugs like the benzodiazepines such as Valium or Xanax could affect a person’s ability to drive safely.
“This roadside drug testing seems to have jumped out of nowhere and happened without much fanfare, catching people unaware of the impact,” she said.
“Cannabis isn’t like alcohol - people can be caught out long after they have taken the drug,” Mr Madden said.
That’s a warning delivered many times in Orange Local Court by magistrate Terry Lucas in the last few months as he has sentenced scores of drivers charged since the legislation was introduced.
The minimum penalty for being caught with cannabis in the system is a disqualification for three months and a fine of $500.
janice.harris@fairfaxmedia.com.au