Motorists using medicinal cannabis in New South Wales will no longer face automatic penalties for having trace amounts of THC in their system, following a major shake-up of laws described as "bloody stupid". The Labor government announced reforms to parliament on Thursday that aim to introduce a more commonsense approach to medically prescribed cannabis and road laws.
New Three-Strike System
Under the reforms, registered medicinal cannabis users will still be subjected to roadside drug tests and an immediate 24-hour driving ban while the sample is tested. However, if the results show THC below a maximum threshold, the driver will not be charged and no further action will be taken. For THC levels at or above the threshold, a warning letter will be issued 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-month suspension. If alcohol or other drugs are present, standard driving penalties will apply.
Political Support and Criticism
The reforms have garnered support from the Greens, enabling Labor to pass them in state parliament. Federal NSW Greens Senator David Shoebridge praised the changes, calling the old regime "bloody stupid" and noting that tiny amounts of cannabis cannot impair driving. He criticized previous laws as politics dressed up as roadside testing. In contrast, federal National Party MP Kevin Hogan opposed the reforms, arguing they could encourage impaired driving and undermine police efforts.
Context and Eligibility
About one million Australians use medicinal cannabis, with up to a third in NSW. The number of cannabis medicines has nearly doubled in the past year. Premier Chris Minns emphasized that road safety remains central to every decision. Police Minister Yasmin Catley reiterated that road safety is the number one priority and that police will continue to enforce laws against impaired driving. To be eligible, motorists must register with Transport for NSW, provide proof of a valid prescription, and complete an online education program about cannabis and driving safety. The changes apply only to drivers with unrestricted licences, excluding L, P plate, and commercial drivers. Registered users remain subject to blood or urine testing after serious crashes and can face charges if found impaired. The measures will be reviewed after one year.
