Motorists in the country’s most populous state will no longer lose their licences should they need to drive after taking medicinal marijuana, in a major road rule overhaul campaigners had long called for.
The NSW Labor government announced on Thursday it will seek to introduce reforms to parliament which seek “a more common sense approach” to medically-prescribed cannabis and road laws.
That includes a three-strike approach, which seeks to recognise that some users may still test positive despite using their medication lawfully.
Speaking to Yahoo News Australia on the matter, Independent MP Alex Greenwich, who is a medicinal cannabis user, previously said under the prior rules, people faced “a tough choice between taking their medication and risking their licence or job.”
He called on the Minns government to treat “medically supervised cannabis like any prescribed medicine”, with offences focused on “impairment and driving under the influence”.
Now, that’s one step closer to becoming a reality.
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Independent MP Alex Greenwich had long advocated for the change.
(Don Arnold via Getty Images)What’s covered in the new proposal?
Under the reforms, registered medicinal cannabis users will still be subjected to a roadside drug test, and an immediate 24-hour driving ban will apply if the sample is tested.
However, if the results show THC below the maximum threshold, the driver will not be charged, nor any further action taken under the changes.
THC levels at or above the threshold will result in a warning letter for a first or second detection within two years.
A third detection within two years will result in fines of up to $704 and a minimum three months’ suspension. If alcohol is present, or any other or multiple drugs are found, typical driving penalties would apply.
About one million Australians use medicinal cannabis, up to a third of whom are in NSW, while the number of cannabis medicines has almost doubled over the past 12 months.
Registered medicinal cannabis users will still be subjected to a roadside drug test; however, if the results show THC below the maximum threshold, they won’t be charged.
(Julia Gomina via Getty Images)What’s the reaction been?
Speaking on Thursday, Greens MP and drug harm reduction spokesperson Cate Faehrmann said “Many people will be very relieved at this news today”.
“It’s been a decade since cannabis was legalised as a medicine in this country, and finally our road laws are going to catch up,” she said.
“It’s heartening to see that finally the voices of medicinal cannabis patients have been heard, with news that this long-fought-for reform will happen.
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“I’m yet to see the details of the legislation, and will work with all sides of politics to improve it if need be, but the Greens support this reform.”
The inability of people who are prescribed medicinal cannabis containing THC to drive without the risk of losing their licence, even if they aren’t impaired, is “not only grossly unfair but has clogged up our court system”, Faehrmann added.
“My bill to introduce a medical defence for cannabis was defeated in 2022. I’m looking forward to voting for this important reform and ending the discrimination that medicinal cannabis patients have faced for too long.”
Premier Chris Minns said the reforms, while significant, would be approached “carefully and with road safety at the centre of every decision”
“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,” he said.
What are the caveats?
To be eligible, motorists will be required to enrol as a registered medicinal cannabis user with Transport for NSW, provide proof of a valid prescription, and complete an online education program about cannabis and driving safety.
The changes will only apply to NSW drivers on an unrestricted licence — excluding L or P-plate drivers and commercial drivers.
Registered users will still be subject to blood or urine testing following a serious crash, and will still face charges if they are found to be driving impaired.
The measures will be reviewed after one-year of implementation.
with NCA Newswire
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