The Victorian government is exploring temporary reforms that would enable drivers who test positive for medicinal cannabis to retain their licenses.

This initiative follows the tabling of an expert report by former magistrate Tony Parsons, which suggests allowing judicial discretion for courts regarding the driving licenses of medicinal cannabis users.

The push for reform comes as medicinal cannabis use in Victoria has surged by 700% over the past two years, highlighting the urgent need for updated driving regulations.

Currently, any trace of tetrahydrocannabinol (THC) in a driver's system is illegal, putting medicinal cannabis users at risk of losing their licenses or facing fines during routine driving activities.

Parsons pointed out that the loss of a driver's license can have severe consequences, including job loss, financial penalties, and a criminal record.

He criticized the existing legal framework as discriminatory, arguing that patients with valid prescriptions are penalized for having cannabis in their system, regardless of whether they are impaired.

John Ryan from Penington Institute echoed these sentiments, stating that cannabis driving laws are outdated and should align with regulations for other prescribed medications.

Supporting this perspective, a recent study indicated that prescription medical cannabis has a negligible impact on driving performance.

To further investigate this issue, a $4.9 million trial conducted by Swinburne University will evaluate the driving abilities of approximately 70 medicinal cannabis users.

The proposed changes to the Road Safety Act 1986 are intended as interim measures pending the results of this study, which is expected to be completed by mid-2026.

If implemented, the interim measure would allow courts to assess cases individually, considering factors such as driving impairment, prescription adherence, and driving history.

A government spokesperson acknowledged the importance of Parsons' work and indicated collaboration with Swinburne University to ensure road safety while accommodating medicinal cannabis use.