NSW motorists who use medicinal cannabis may soon be able to drive without fear of major penalty

Motorists who use medicinal cannabis may soon be able to drive on New South Wales roads without fear of a severe penalty as the Minns government announces long-awaited reforms.

The government announced on Thursday it would introduce legislation which would see drivers with a medicinal cannabis prescription no longer face a three-month licence suspension or fine for having the THC component of cannabis in their system.

Under the proposed new system, drivers with a full licence can drive with THC up to a threshold. However, if the driver – who will be required to register that they have a prescription with Transport NSW – returns a positive test they will still face a 24-hour ban while a laboratory tests the results.

If the lab result shows the person’s THC levels were above the allowed threshold, they will receive a warning on the first and second occasion to give them an opportunity to adjust their use. If it happens a third time within two years, the person will face a minimum three-month licence suspension and a $704 fine.

The government noted in its announcement that 1 million Australians use medicinal cannabis and up to a third of those people are in NSW.

“For thousands of people, medically prescribed cannabis is life-changing medication that is necessary for people to go about their daily lives,” the premier, Chris Minns, said.

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“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.”

One of those people will be Michael James who served 15 years in the Australian army and lives in regional NSW. He has a prescription to manage his PTSD and chronic pain. He stopped driving after he was fined $600 at a roadside stop for having THC in his system, despite not having used his medication for more than 12 hours.

“I hadn’t taken my medication for over 12 hours. I was not impaired. Yet under NSW law I was treated like a criminal,” James said. “Cannabis makes me safer on the roads, not riskier.”

Dr Will Tregoning, the chief executive of Unharm, said “patients tell us constantly about the toll of these outdated laws – jobs lost, independence lost, the impossible choice between their health and their licence.”

The organisation is calling on regional NSW MPs to back the legislation, arguing it is their constituents who are affected by the current laws the most as driving is the only way to reach essential services and family.

“Reforming this law is also good for road safety: in some cases the current law has made roads less safe by forcing patients off medication that was helping them sleep,” he said.