Braddon Independent MP Craig Garland could face charges after failing a roadside drug test and being found in possession of cannabis.
Garland was pulled over during a ‘traffic blitz’ in Smithton last Friday while on his way to a fishing trip.
An initial drug test came back positive, leading police to seize a small amount of cannabis from his vehicle.
Garland told Local Radio that he has used cannabis on and off ‘for a long time’, both recreationally and for pain relief.
He says he had smoked cannabis the night before the test, but didn’t think he’d be caught by police.
“I have been tested a number of times and returned a negative test,” he said.
“I thought I had it worked out — what you could have in your system and not break the law — but obviously on this occasion I got it wrong.”
He said he has not been prescribed medicinal cannabis under Tasmania’s Controlled Access Scheme.
Under Tasmania’s Road Safety Act, drivers caught with illicit drugs in their system face fines and potential licence suspensions.
The Misuse of Drugs Act carries a maximum penalty of over $10,000 or two years in prison for possession of a controlled drug.
Garland, who was elected in March, is one of five independent MPs in the House of Assembly.
Tasmania’s Constitution Act allows for the removal of members of parliament for misconduct, including convictions with sentences exceeding one year in prison.
Hobart lawyer Greg Barns has agreed to represent Garland pro-bono.