Tom Smith was fined for having THC in system after being in a car crash that was not his fault. He had taken a dose of prescribed medicinal cannabis two days before the accident. There are only two states in Australia where drivers will not be punished for using medicinal cannabis and advocates are calling for that to change.
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00:00It's been a difficult recovery for this West Australian man who was in a horrific car crash
00:07last year.
00:08I hit my head on the side of the car window, came to and my legs were pinned, I couldn't
00:12get the door open.
00:14This month he was fined $700 despite not being at fault.
00:18He has a medicinal cannabis prescription and took a dose two days before the crash.
00:23A blood test after the accident revealed the drug was in his system.
00:28I didn't willingly go out to have an accident, I didn't willingly go out to break the law
00:33by having this in my system.
00:35I was completely and utterly unimpaired.
00:39One legal advocate says the case highlights a double standard.
00:43Now if that person was picked up and they were taking, as I say, a pharmaceutical painkiller
00:50or Valium, there'd be no problem, the police would just say drive on.
00:54Tasmania is the only state where a patient on prescribed cannabis is exempted.
00:59Victoria has just changed the law to allow a magistrate discretion if a driver has a
01:03cannabis prescription.
01:05The WA government is awaiting a report meanwhile on whether to introduce similar changes.
01:10The ACT and South Australia have both told the ABC they are willing to consider reform,
01:16while the Northern Territory has rejected any change to possible rules.
01:20Please have a look at it, have a look at this situation, come together bipartisanly
01:25and have a look and tackle this issue.
01:27And appeal for medicinal cannabis to be treated like other drugs.