Drivers in New South Wales who are prescribed medicinal cannabis and test positive for tetrahydrocannabinol (THC) levels below the established threshold will be exempt from facing legal charges. To qualify for this exemption, patients must register their prescriptions with Transport for NSW and complete a driving safety course.
This legislative change follows recommendations made at the 2024 Drug Summit, advocating for a medical defense for individuals using prescribed cannabis while driving.
The Labor government intends to set a legal limit on the amount of THC that can be present in the system of drivers with a valid prescription. While it will still be illegal for most drivers to have any detectable THC in their system, those using medicinal cannabis will not be penalized if their saliva tests reveal THC levels below 50 nanograms per milliliter (ng/mL).
However, unlike the regulations for alcohol testing, drivers who test positive for THC on a saliva swab will face an immediate 24-hour suspension of their driving privileges, even if subsequent tests show levels below the legal limit. Jenny Aitchison, the Minister for Roads, emphasized that for most drivers, the roadside experience will remain largely unchanged.
A warning system will be established to inform medicinal cannabis users whose lab results exceed the 50 ng/mL threshold. These individuals will receive two warnings before any charges are filed. The government plans to allow patients to adjust their dosages based on these warnings, which will reset every two years. Should a driver be found over the limit for a third time, they will incur the standard penalties for drug driving, including a fine of $704 and a minimum three-month suspension of their license.
Aitchison noted that the new testing methods would typically detect THC only for a few hours after consumption. She explained that someone who uses medicinal cannabis the night before driving would likely not be detectable at the time of driving the following day.
As part of the reform, patients will need to register their prescriptions with Transport for NSW and undertake a course on the effects of cannabis on driving abilities. Aitchison remarked that the government aims to balance road safety with the rights of individuals prescribed medication to drive.
The initiative reflects a commitment to reform that was suggested over a year ago at the 2024 Drug Summit, which included recommendations for roadside assessments of medicinal cannabis use. Initially, the government was hesitant to adopt these suggestions, citing the need for further consultation with officials.
Independent MP Alex Greenwich, who himself uses medicinal cannabis, had previously introduced a private member’s bill to encourage government action. In March, Premier Chris Minns indicated that the government would draft its own legislation. Following this development, Greenwich withdrew his bill as it became apparent that reform was on the horizon.
Greenwich expressed his understanding of the benefits of medicinal cannabis for managing issues like sleep and anxiety, stating that this reform offers patients newfound freedom and opportunities.
Among those affected by these changes is Jason Frost, a former marine residing near Wagga Wagga, who relies on his vehicle for daily activities. Frost expressed the dilemma of deciding whether to take his medication and risk being pulled over, which could jeopardize his driving license. He noted that this situation hinders individuals from utilizing a beneficial medication when used responsibly.
Legalise Cannabis MP Jeremy Buckingham, who supported Greenwich’s bill, acknowledged that although the THC threshold is relatively low, the reform marks significant progress. He highlighted that medicinal cannabis patients will not automatically lose their licenses if they are above the threshold, emphasizing the absence of a blanket prohibition.
This reform will apply only to drivers with unrestricted licenses, and registered medicinal cannabis users will still be subject to blood and urine testing in the event of serious accidents. A review of the new system will take place after one year.
