Under proposed NSW laws, drivers with a medicinal cannabis prescription would no longer face a three-month licence suspension or fine for having THC up to a threshold in their system. The Minns government announced on Thursday it would introduce legislation to reform the current penalties.
New system details
Under the proposed system, drivers with a full licence can drive with THC up to a specified threshold. However, if a driver returns a positive test, they will face a 24-hour ban while a laboratory tests the results. If the lab result shows THC levels above the allowed threshold, the driver will receive a warning on the first and second occasion. If it happens a third time within two years, the person will face a minimum three-month licence suspension and a $704 fine.
Background and impact
The government noted that 1 million Australians use medicinal cannabis, with up to a third of those in NSW. Premier Chris Minns said the changes strike a careful balance between a practical approach for medicinal cannabis users and strong road safety protections. Michael James, a former Australian army soldier who uses medicinal cannabis for PTSD and chronic pain, shared his experience of being fined $600 despite not having used his medication for over 12 hours. Dr Will Tregoning from Unharm highlighted the toll of outdated laws on patients, including lost jobs and independence.
Professor Iain McGregor from the University of Sydney noted that THC can be detected in the body for weeks after use, but impairment typically clears within hours, making prosecutions based on THC presence manifestly unjust. Independent MP Alex Greenwich welcomed the announcement, emphasizing the positive benefits of medicinal cannabis for sleep and anxiety management.
