An MP caught driving with drugs in his system has been given a licence reprieve so he can make the 700km round trip to do his job in a state parliament in the absence of public transport.
Independent Tasmanian MP Craig Garland had his licence cancelled for six months but will still be able to drive to work after a ruling at Burnie Magistrates Court, in Tasmania's north, on Monday.
Mr Garland previously pleaded guilty to drug driving after cannabis was detected during a failed roadside test while he was on a fishing trip in November 2024.
While he did not have a prescription for medicinal cannabis at the time, he had since sought one to help manage his sciatica and ongoing pain from a shoulder reconstruction after deciding not to use pharmaceutical drugs, the court was told.
Defence barrister Greg Barns SC argued any driving ban would affect his client's ability to attend parliament during sitting weeks because of the four-hour trek from his home to Parliament House in Hobart.
He had already planned to attend any other meetings online, Mr Barns added.
Magistrate Leanne Topfer acknowledged the severe hardship the cancellation of Mr Garland's licence would cause and granted him a restricted licence instead.
He was allowed to drive the 355km directly to and from his home at Boat Harbour, in the state's north, to parliament within 24 hours of sitting times.
Mr Garland's defence team also made an application to allow him to drive another 20 minutes from Parliament House to accommodation in Clifton Beach, where he usually stayed during sitting weeks.
When asked why he couldn't stay in Hobart, Mr Garland said he was not used to the city's noise, traffic or soft beds.
"I sleep on a hard surface outside and I found it extremely challenging last year," he told the court.
"I found a place out in Clifton Beach where I can sleep out the back outside ... I take my role very seriously, I want to make sure I carry out that role without falling asleep."
The cost of accommodation in the city was also a factor, Mr Garland added.
His further application was later abandoned.
Mr Garland was re-elected at the state's July snap poll, which was triggered after the passing of a no-confidence motion in Liberal premier Jeremy Rockliff.
The 60-year-old previously told AAP he returned a positive result from a tongue-scrape test after smoking cannabis the night before.
"I've smoked for quite a long time. I didn't leave it long enough before I drove but I didn't think it would be a problem," he said at the time.
"I'm not driving around whacked up or pissed. I guess you put it down to bad timing and bad management."
Ms Topfer said she had no choice but to hand down the mandatory six-month licence disqualification because of Mr Garland's previous driving history, highlighting a drink-driving charge almost 30 years ago.
But she approved the restricted licence for him to drive between home and Hobart on sitting weeks.
"As a matter of public record, there is very little in the way of public transport to get down there," Ms Topfer said.
Mr Garland was convicted, and also directed to pay $1096 in fines and levies.
