Statutes Amendment (Medicinal Cannabis Defence) Bill 2023 (SA)

South Australia Statutes Amendment (Medicinal Cannabis Defence) Bill 2023 A Bill For An Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Harbors and Navigation Act 1993 2 Amendment of section 70—Alcohol and other drugs Part 3—Amendment of Motor Vehicles Act 1959 3 Amendment of section 72A—Qualified supervising drivers 4 Amendment of section 75A—Learner's permit 5 Amendment of section 81A—Provisional licences 6 Amendment of section 81AB—Probationary licences 7 Amendment of section 81AC—Special provisions applying to certain motor bike licences Part 4—Amendment of Road Traffic Act 1961 8 Amendment of section 47BA—Driving with prescribed drug in oral fluid or blood

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Medicinal Cannabis Defence) Act 2023.

Part 2—Amendment of Harbors and Navigation Act 1993 2—Amendment of section 70—Alcohol and other drugs Section 70—after subsection (3b) insert: (3c) In any proceedings for an offence against subsection (3) where it is alleged that delta‑9‑tetrahydrocannabinol was present in the defendant's oral fluid or blood, it is a defence if the defendant proves that the delta‑9‑tetrahydrocannabinol was present as a result of the defendant's use of a cannabis product— (a) that is a prescription drug within the meaning of the Controlled Substances Act 1984; and (b) for which the defendant had a prescription or other authority to obtain, possess and use under the Controlled Substances Act 1984 or a corresponding Act of another State or Territory; and (c) that was used in accordance with that prescription or authority.

Part 3—Amendment of Motor Vehicles Act 1959 3—Amendment of section 72A—Qualified supervising drivers Section 72A—after subsection (2) insert: (2a) In any proceedings for an offence against subsection (2) where it is alleged that delta‑9‑tetrahydrocannabinol was present in the defendant's oral fluid or blood, it is a defence if the defendant proves that the delta‑9‑tetrahydrocannabinol was present as a result of the defendant's use of a cannabis product— (a) that is a prescription drug within the meaning of the Controlled Substances Act 1984; and (b) for which the defendant had a prescription or other authority to obtain, possess and use under the Controlled Substances Act 1984 or a corresponding Act of another State or Territory; and (c) that was used in accordance with that prescription or authority. 4—Amendment of section 75A—Learner's permit Section 75A—after subsection (14) insert: (14a) In any proceedings for an offence against subsection (14) where it is alleged that the defendant contravened the condition of the defendant's learner's permit imposed by subsection (10)(a) on the basis that delta‑9‑tetrahydrocannabinol was present in the defendant's oral fluid or blood, it is a defence if the defendant proves that the delta‑9‑tetrahydrocannabinol was present as a result of the defendant's use of a cannabis product— (a) that is a prescription drug within the meaning of the Controlled Substances Act 1984; and (b) for which the defendant had a prescription or other authority to obtain, possess and use under the Controlled Substances Act 1984 or a corresponding Act of another State or Territory; and (c) that was used in accordance with that prescription or authority. 5—Amendment of section 81A—Provisional licences Section 81A—after subsection (10) insert: (10a) In any proceedings for an offence against subsection (9) where it is alleged that the defendant contravened the condition of the defendant's provisional licence imposed by subsection (4)(a) on the basis that delta‑9‑tetrahydrocannabinol was present in the defendant's oral fluid or blood, it is a defence if the defendant proves that the delta‑9‑tetrahydrocannabinol was present as a result of the defendant's use of a cannabis product— (a) that is a prescription drug within the meaning of the Controlled Substances Act 1984; and (b) for which the defendant had a prescription or other authority to obtain, possess and use under the Controlled Substances Act 1984 or a corresponding Act of another State or Territory; and (c) that was used in accordance with that prescription or authority. 6—Amendment of section 81AB—Probationary licences Section 81AB—after subsection (6) insert: (6a) In any proceedings for an offence against subsection (5) where it is alleged that the defendant contravened the condition of the defendant's probationary licence imposed by subsection (1)(b) on the basis that delta‑9‑tetrahydrocannabinol was present in the defendant's oral fluid or blood, it is a defence if the defendant proves that the delta‑9‑tetrahydrocannabinol was present as a result of the defendant's use of a cannabis product— (a) that is a prescription drug within the meaning of the Controlled Substances Act 1984; and (b) for which the defendant had a prescription or other authority to obtain, possess and use under the Controlled Substances Act 1984 or a corresponding Act of another State or Territory; and (c) that was used in accordance with that prescription or authority. 7—Amendment of section 81AC—Special provisions applying to certain motor bike licences Section 81AC—after subsection (5) insert: (5a) In any proceedings for an offence against subsection (3) where it is alleged that the defendant contravened the condition of the defendant's prescribed motor bike licence imposed by subsection (2) on the basis that delta‑9‑tetrahydrocannabinol was present in the defendant's oral fluid or blood, it is a defence if the defendant proves that the delta‑9‑tetrahydrocannabinol was present as a result of the defendant's use of a cannabis product— (a) that is a prescription drug within the meaning of the Controlled Substances Act 1984; and (b) for which the defendant had a prescription or other authority to obtain, possess and use under the Controlled Substances Act 1984 or a corresponding Act of another State or Territory; and (c) that was used in accordance with that prescription or authority.