Workers Compensation
Victoria operates zero tolerance for THC at the wheel, with limited magistrate discretion from 1 March 2025. For injury managers on Victorian workers compensation files, the law and the dose timing both shape return to work.
What the Victoria medicinal cannabis driving rules actually say
Victorian law sets a zero-tolerance position. It is an offence to drive with any amount of THC in your system, including any amount of THC from a prescribed medicinal cannabis product. Penalties for a drug-driving offence include a mandatory licence suspension and a monetary fine.
It is a separate offence to drive while impaired by any substance or prescription medication, including medicinal cannabis. The impairment offence sits alongside the zero-tolerance offence and is unaffected by the 2025 change.
Drivers on any medication are expected to read product information, talk with their doctor and pharmacist about effects on fitness to drive, and self-assess before getting behind the wheel. Sativex specifically carries TGA-approved product information stating that patients should not drive.
The 1 March 2025 magistrate discretion change
From 1 March 2025, a Victorian magistrate has the option to decide whether or not to cancel a driver's licence where the person has tested positive for THC and is using prescribed medicinal cannabis. The change does not create a defence to the offence. It gives the court a discretion at sentence about whether the licence loss applies.
The discretion is narrow. The court will consider:
- Whether the driver was impaired or under the influence of drugs at the time.
- Whether it is a first-time offence.
- Whether the matter relates to a legal medicinal cannabis product used in accordance with a current prescription.
- Whether the prescription was valid at the time of detection.
Fines and other penalties may still apply. Challenging an infringement in court does not guarantee that a prescription holder keeps their licence. The impairment offence is unaffected. Roadside positive remains a positive.
CBD-only products and the THC question
Patients taking cannabidiol-only medicines can lawfully drive in Victoria, provided they are not impaired. The risk on a workers compensation file is that products labelled CBD-only sometimes contain trace THC, particularly when sourced outside legitimate channels. The Victorian guidance is explicit on this point.
For injury managers, this means a CBD prescription does not need to be treated the same as a THC product, but it is still worth confirming the product, source, and prescriber. The wrong product through the wrong channel can put a worker on the wrong side of a zero-tolerance law without them realising.
Why this matters for Victorian workers compensation files
The picture on a WorkSafe Victoria or TAC file looks different to NSW. Where NSW is moving toward a threshold for prescribed users, Victoria has kept zero tolerance and bolted on a narrow magistrate discretion. The practical implications for injury managers:
| Scenario on file | Position under current Victorian law |
|---|---|
| Worker prescribed THC-containing cannabis, needs to drive to medical appointments | Driving with any detectable THC is an offence. The prescription does not defend against the charge, although it may engage the post-1 March 2025 magistrate discretion at sentence. |
| Worker on CBD-only product, not impaired | Lawful to drive. Confirm the product is THC-free with prescriber and pharmacist and that it has been sourced through legitimate channels. |
| Worker prescribed THC product alongside opioids or benzodiazepines | Impairment offence is a real risk independent of the zero-tolerance rule. The combination warrants an independent medication review before driving is part of any return-to-work plan. |
| Worker involved in a crash causing death or injury | A blood sample is mandatory. THC in blood, including from medicinal cannabis, can be used in prosecution and may affect TAC and personal injury insurance claims. |
Roadside testing and what happens after a crash
Victoria Police conduct random roadside saliva tests. A positive swab is sent to a laboratory for confirmation, and a confirmed positive results in a drug-driving charge. Refusing to stop, refusing to provide a sample, or failing to cooperate with the test are themselves offences.
If a worker is involved in a crash that results in death or injury, the worker is required by law to provide a blood sample. Detected THC in that sample is evidence for prosecution and can flow through to vehicle and personal injury claim outcomes. On a workers compensation file, that complicates causation, recovery, and the worker's return-to-work pathway in a way that is best avoided by getting medication, capacity, and driving rules properly aligned upfront.
What injury managers should document on Victorian files
Four things to capture on a Victorian workers compensation file where medicinal cannabis is in the picture:
- Whether the prescribed product contains THC or is CBD-only, including the product name, dose, and prescriber.
- Whether the worker has notified the Department of Transport and Planning of any medical condition or medication that could affect fitness to drive.
- Whether the worker's role involves driving or other safety-sensitive tasks, and whether the return-to-work plan accounts for the Victorian zero-tolerance law.
- Whether other centrally acting medications (opioids, benzodiazepines, pregabalin, gabapentin) are on the script, given the impairment offence applies regardless of THC content.
Revisit at every certificate review. The Victorian rules are unchanged at the roadside. The 1 March 2025 change matters at sentence, not at the wheel.
Key Takeaways
- Victoria operates zero tolerance for THC at the wheel. A valid prescription is not a defence to the offence itself.
- From 1 March 2025, a magistrate may decline to cancel the licence of a first-time offender with a valid prescription for a legal product, but fines and other penalties can still apply.
- CBD-only products are lawful to drive on, provided the worker is not impaired and the product is verified THC-free through legitimate channels.
- The impairment offence is separate from the zero-tolerance offence and is unaffected by the 2025 change.
- A worker is legally required to notify the Department of Transport and Planning of conditions or medication that could compromise driving.
- Any crash causing death or injury triggers a mandatory blood test, with THC evidence flowing through to prosecution and insurance outcomes.
Frequently Asked Questions
Does the 1 March 2025 magistrate discretion mean a prescription protects a Victorian worker from a drug-driving charge?
No. A valid prescription is not a defence to the offence itself. From 1 March 2025 a magistrate may decline to cancel the worker's licence in a first-time matter where the worker was not impaired, holds a current prescription, and used a legal product. Fines and other penalties may still apply, and the outcome is at the court's discretion.
Can a Victorian worker drive on a CBD-only medicinal cannabis product?
Yes, provided they are not impaired. Cannabidiol-only medicines do not attract the THC offence. The worker should confirm the product is THC-free with the prescriber or pharmacist, and the product should be sourced through legitimate channels to avoid inadvertent THC content.
Does the worker have to tell the Department of Transport and Planning about a medicinal cannabis prescription?
They are legally required to notify DTP about a long-term condition or any medication whose effects could compromise driving. That obligation sits with the worker, but injury managers should document on the file whether the notification has been made.
What happens if a Victorian worker is in a crash while on prescribed medicinal cannabis?
Any driver involved in a Victorian crash causing death or injury must give a blood sample to Victoria Police. THC detected in blood, including from medicinal cannabis, can be used as evidence in prosecution and may affect vehicle and personal injury insurance claims.
Primary source: Victorian Department of Transport and Planning, medicinal cannabis and driving guidance, 2026, including the 1 March 2025 magistrate discretion provisions.
