Medicinal Cannabis Users May Drive Without Severe Penalties in NSW
Premier Chris Minns has announced forthcoming reforms aimed at balancing road safety with a practical approach for motorists using medicinal cannabis. The Minns government revealed on Thursday that legislation will be introduced to allow drivers with a medicinal cannabis prescription to avoid harsh penalties for the presence of THC in their system.
Currently, drivers found with THC, the psychoactive component of cannabis, face a three-month licence suspension or a fine. Under the proposed changes, drivers holding a full licence and a valid medicinal cannabis prescription will be permitted to drive with THC levels up to a specified threshold.
Drivers will be required to register their prescription with Transport NSW. If a roadside test returns positive for THC, the driver will face a 24-hour driving ban while laboratory testing is conducted. Should the lab results indicate THC levels above the allowable limit, the driver will receive a warning on the first and second occasions to allow adjustment of their medication use. A third breach within two years will result in a minimum three-month licence suspension and a $704 fine.
Medicinal Cannabis Use in NSW
The government highlighted that approximately one million Australians use medicinal cannabis, with up to one-third residing in NSW.
“For thousands of people, medically prescribed cannabis is life-changing medication that is necessary for people to go about their daily lives,”
Premier Chris Minns stated.
“These changes strike a careful balance of providing a more practical approach for medicinal cannabis users while maintaining strong road safety protections for the community.”
One individual affected by current laws is Michael James, a regional NSW resident and former Australian Army serviceman with 15 years of service. James uses medicinal cannabis to manage PTSD and chronic pain. He ceased driving after receiving a $600 fine at a roadside stop for THC presence despite not having used his medication for over 12 hours.
“I hadn’t taken my medication for over 12 hours. I was not impaired. Yet under NSW law I was treated like a criminal,”
James said.
“Cannabis makes me safer on the roads, not riskier.”
Advocacy and Expert Opinions
Dr Will Tregoning, chief executive of Unharm, emphasized the negative impact of current laws on patients.
“Patients tell us constantly about the toll of these outdated laws – jobs lost, independence lost, the impossible choice between their health and their licence.”
Unharm is urging regional NSW MPs to support the legislation, noting that constituents in these areas are disproportionately affected since driving is essential for accessing services and family.
“Reforming this law is also good for road safety: in some cases the current law has made roads less safe by forcing patients off medication that was helping them sleep,”
Dr Tregoning added.
Professor Iain McGregor, academic director of the Lambert Initiative for Cannabinoid Therapeutics at the University of Sydney, provided scientific context on THC detection and impairment.
“THC can be detected in the body for weeks after cannabis use but research shows impairment typically clears within hours.”
“We’ve also shown that THC concentrations in blood and saliva are poor and inconsistent indicators of impairment. Prosecuting patients on the basis of THC presence in saliva, long after any effect has worn off, is manifestly unjust.”
Political Support and Legislative Developments
In November, independent MP for Sydney, Alex Greenwich, moved a motion co-signed by Jeremy Buckingham from the Legalise Cannabis party calling for a legal defence for drivers using medicinal cannabis.
Greenwich welcomed the government’s announcement.
“This prioritises road safety while also allowing users to drive again.”
He also shared his personal experience as a medicinal cannabis patient.
“As someone who is a medicinal cannabis patient, I know first-hand the positive benefits it can have for my sleep and anxiety management,”
Greenwich said.
“As an MP, I’ve also heard from people across NSW whose lives have been unfairly limited by laws that have not kept pace with modern medicine.”
