The New South Wales government has announced proposed legislation that would allow drivers with a prescription for medicinal cannabis to avoid automatic licence suspension and fines for having THC in their system. Premier Chris Minns stated the changes aim to balance road safety with a more practical approach for medicinal cannabis users.
Under the new system, drivers with a full licence who register their prescription with Transport NSW could drive with THC up to a specified threshold. A positive roadside test would result in a 24-hour ban while laboratory analysis is conducted. If THC levels exceed the threshold, first and second offences would trigger a warning, while a third within two years would lead to a minimum three-month licence suspension and a $704 fine.
The government noted that up to one million Australians use medicinal cannabis, with a third residing in NSW. Michael James, a former Australian army serviceman who uses cannabis for PTSD and chronic pain, described being treated like a criminal despite not being impaired. Dr Will Tregoning of Unharm highlighted the toll of current laws, including lost jobs and independence, and called on regional MPs to support the reform.
Professor Iain McGregor from the University of Sydney emphasised that THC can be detected for weeks after use, but impairment typically clears within hours, making prosecutions based on THC presence unjust. Independent MP Alex Greenwich, a medicinal cannabis patient, welcomed the announcement, stating it prioritises road safety while allowing users to drive.
Opposition leader Kellie Sloane criticised the policy as premature, arguing that road rules should not change until there is certainty about THC levels causing impairment. However, regional MP Roy Butler described the proposal as an important reform aligning driving laws with medical laws.
