A New South Wales MP has introduced legislation to shield medicinal cannabis patients from drug-driving charges if they test positive for THC but are not impaired. Jeremy Buckingham, leader of the Legalise Cannabis party, will table the bill in the upper house on Wednesday, aiming to exempt patients with a legitimate prescription from prosecution.
Currently, it is illegal to drive with any detectable THC in the body, even with a prescription, as roadside tests can detect the substance days after impairment has worn off. Buckingham argues this deters patients from using prescribed medication and discourages doctors from prescribing it.
One patient affected is Dale Dunster, 73, who uses medicinal cannabis oil for Parkinson's disease and chronic conditions. Living rurally near Ballina, she relies on lifts to avoid driving while using her medication. She supports the proposed changes, noting that patients on opioids face no such restrictions.
Under the proposed law, patients taking prescribed THC products as directed could defend a positive roadside test in court, provided they were driving unimpaired. The bill does not alter existing impairment tests or the offence of driving under the influence. Buckingham said this mirrors how other legal medications are handled.
Tasmania is the only Australian state with a medical defence for driving with THC. Victoria is trialling a similar exemption for a limited number of patients. Professor Iain McGregor from the University of Sydney's Lambert Initiative hopes NSW will follow suit, calling cautious reform “the right thing to do by patients.”
The Minns government has not committed to the change, with Premier Chris Minns acknowledging the widespread use of medicinal cannabis but citing challenges in allowing patients to drive legally. Buckingham expects support from the Greens and other crossbenchers.
