Victorians who take medicinal cannabis on prescription will soon be able to drive without fear of losing their license.

An amendment has been passed by the upper house of state parliament that will give magistrates the power to use their discretion when sentencing people who test positive for tetrahydrocannabinol (THC) in a random roadside test if they were not impaired at the time and had a valid prescription.

The motion was presented by the Legalize Cannabis party.

“If you test positive, you lose your license and if you lose your license, then you can lose your job, you can lose your home, you can lose your career,” said David Ettershank, the party’s Western Metropolitan MP.

This change means that a medical cannabis prescription holder accused of having drugs in their system can appear before a magistrate to explain their situation.

The magistrate may exercise his discretion as to what sanction, if any, will be imposed instead of being legally required to automatically cancel or suspend his license.

Mr. Ettershank said the original legislation discriminated against people who were taking valid medication, including those who had switched to medical cannabis to get off heavy opioids and benzodiazepines.

He said THC can be detected in tests for weeks.

“We have been campaigning on this for 18 months now, before that five or six years with other members of parliament, including (former Party of Reason MP) Fiona Patten,” he said.

“It was fabulous last night to see that the amendment was supported by both the government, the opposition and the majority of MPs.”

Australia legalized medical cannabis in 2016 for patients diagnosed with cancer, multiple sclerosis and other conditions.

The bill must return to the lower house for final approval, but is expected to pass and take effect in March 2025.

Victoria’s chief addiction medicine advisor Paul MacCartney has welcomed Parliament’s support for the change and the recent adoption of pill testing.

“The actions the government has taken over the last few years really demonstrate that they are looking to care for people in our society,” Dr McCartney told ABC Radio Melbourne.

“Humans need love, support and care, and this is how they improve.”