Source : Perth Now news
Motorists busted driving after taking medicinal cannabis containing THC will no longer be automatically penalised in NSW under landmark reforms.
The Labor government announced on Thursday it will seek to introduce reforms to parliament which seek “a more commonsense approach” to medically-prescribed cannabis and road laws, including a three-strike approach which seeks to recognise that some users may still test positive despite using their medication lawfully.
Under the reforms, registered medicinal cannabis users will still be subjected to a roadside drug test, as well as an immediate 24-hour driving ban will the sample is tested.
However, if the results show THC below the maximum threshold, the driver will not be charged nor any further action taken under the changes.
THC levels at or above threshold will result in a warning letter 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 months suspension – if alcohol is present, or any other or multiple drugs are found, typical driving penalties would apply.
Currently, about one million Australians use medicinal cannabis, up to a third of whom are in NSW, while the number of cannabis medicines almost doubled over the past 12 months.
Premier Chris Minns said the reforms, while significant, would be approached “carefully and with road safety at the centre of every decision”
“For thousands of people, medically prescribed cannabis is life-changing medication that is necessary for people to go about their daily lives,” he said.
“Our current laws enable people to safely and legally drive while taking a wide range of prescription medications but that doesn’t include cannabis prescribed by a medical practitioner.
“These changes strike a careful balance of providing a more practical approach for medicinal cannabis users while maintaining strong road safety protections for the community.”
Police Minister Yasmin Catley said road safety remained the “number one priority”.
“These reforms do not change the ability of NSW Police to take dangerous drivers off our roads,” she said.
“NSW Police will operationalise this reform as part of their role to enforce our laws, including roadside drug testing and action against impaired drivers.
“Every driver has a personal responsibility to know what they are taking and never get behind the wheel impaired.”
The changes were in-line with recommendations from the Drug Summit, and have long been called for by advocates.
Following the 2025 summit, Unions NSW called on the government to expedite reforms which would treat medicinal cannabis like other medicines when it came to road laws.
To be eligible, motorists will be required to enrol as a registered medicinal cannabis user with Transport for NSW, provide proof of a valid prescription, and complete an online education program about cannabis and driving safety.
The changes will only apply to NSW drivers on an unrestricted licence – excluding L or P plate drivers and commercial drivers.
Registered users will still be subject to blood or urine testing following a serious crash, and will still face charges if they are found to be driving impaired.
The measures will be reviewed after one-year of implementation.
