Independent Braddon 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 en route 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 had been using cannabis on and off “for a long time”, both recreationally and for pain relief.

He says he smoked weed the night before the test but didn’t think he would be caught by the police.

“I was tested several times and came back negative,” he said.

“I thought I had it down – what you could have in your system and not break the law – but obviously on this occasion I got it wrong.”

He said he was not prescribed medical cannabis under Tasmania’s Controlled Access Scheme.

Under Tasmania’s Road Safety Act, drivers caught with illicit drugs in their system face fines and possible license suspensions.

The Misuse of Drugs Act carries a maximum penalty of more than $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 allows members of parliament to be removed for misconduct, including convictions of more than a year’s imprisonment.

Hobart lawyer Greg Barns has agreed to represent Garland pro-bono.