Bus driver's ban for growing marijuana upheld

[hard rain]

Bus driver's ban for growing marijuana upheld
A Sunshine Coast bus driver banned after he used marijuana as pain relief has failed to win back his driving authority, despite a tribunal finding that his "victimless" actions put nobody at risk.

The Department of Transport and Main Roads permanently cancelled Reginald Barry Bowden's authorisation to drive a bus on Christmas Eve last year, after he was caught by police growing marijuana.

In a recently published Queensland Civil and Administrative Tribunal decision, Mr Bowden's appeal against the department was dismissed.

The tribunal heard two decades of paracetamol use, to treat chronic pain following two motor vehicle accidents, had Mr Bowden, of Pomona, concerned about his long-term health.
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So, he self-medicated with cannabis to relieve the pain.

In his written decision, QCAT adjudicator William LeMass said, although Mr Bowden's actions had not put any passengers at risk, the decision of the Department of Transport chief executive to cancel his authorisation was "correct and proper".

"It is a fair inference that a person who willingly engages in conduct which amounts to a serious crime may also be one who would be likely to breach other standards, including those relating to his work," he said.

"...I believe that the issue of drugs, legal and otherwise, is most relevant to those entrusted to drive professionally on our roads and particularly those directly responsible for the safety of occupants, adults, children and the vulnerable."

But Mr LeMass said the Department of Transport had "overstated" Mr Bowden's offences in its submissions to QCAT.

"There are multiple charges but in fact, they all arise out of one circumstance," he said.

"...They are essentially victimless, there is no suggestion that the drug was other than for personal use.

"The circumstances surrounding the offences are credibly explained by Mr Bowden as chronic pain relief."

Mr LeMass also conceded the case had set a "poor precedent" in upholding the decision to deny Mr Bowden the opportunity to reapply for authorisation for six or nine years.

It was noted in Mr LeMass's decision that Mr Bowden had refused requests to provide further submissions to QCAT and had not attended a compulsory conference.

"Had a proper case been pleaded I may have been convinced otherwise," Mr LeMass said.

Mr Bowden told Fairfax Media he was unlikely to pursue the matter further.

"I don't want to go on with it any more," he said.

"I've spent enough money and time on it as it is, so I've just given up on it."

The decision was welcomed by Transport Minister Scott Emerson.

"We support the QCAT decision" a spokeswoman said.

Read more: http://www.brisbanetimes.com.au/que...uana-upheld-20131026-2w8gr.html#ixzz2irpriCG4

This is a terrible decision. Basically they are saying because he smokes cannabis he is "likely to breach other standards, including those relating to his work". FFS!

 

[gaiusmarius]

yeah pretty pathetic when they hang him for seeking pain relief, implying that seeking pain relief through cannabis is some how a serious laps of judgment, while swallowing vicodin like candy is acceptable behavior. makes you sick how unjust it is.

 

[Agaricus]

No matter how hard I try I can't begin to understand that mentality. It's evil, just plain evil.

 

[noyd666]

BIG PHARMACY WOULD BE SMILING. BASTARDS.
LOL HATERS ,GOT LOVE EM.

 

[Sativa King]

Fucked up shit!

 

[TheCleanGame]

What about medicating with strains like "Harlequin"??

It's 8% CBD and only 6% THC and I'll be damned if I can get high off of it... no matter how much I use.

My mood, memory and pain levels improve... along with a bunch of other benefits. My motor skills, judgment, depth perception and other 'issues' that would relate to driving do not manifest themselves.

Driving after medicating with Harlequin is not an issue at all. You're not high or stoned.


As for still losing his job? I applaud the fellow for thinking outside the box and taking his own health into his own hands.

The only reason he was penalized for it was:

A: The public believes responsible cannabis use is somehow dangerous around cars.
B: He's living in the wrong state.

Victimized by ignorance and location.... Wow.

Keep it Clean!

 

[D-RingBinder]

Man, this country.... Why do we have to be so far behind the rest of world? Legalisation happening in Uruguay, and here "we" are ruining some poor fellas life because of a few medicinal plants. Wow. Just wow. Cmon Australia!