The Minns Labor Government will introduce laws to Parliament to create a more commonsense approach for people using lawfully prescribed medicinal cannabis, while maintaining strong road safety protections.
Under the reforms, drivers taking prescribed medicinal cannabis containing THC will no longer be automatically penalised under the current drug presence offence framework in certain circumstances.
The Government recognises these are significant changes and will implement them cautiously, with strong safeguards and road safety protections built into every stage of the new system.
There are around one million medicinal cannabis users in Australia, with up to a third (over 300,000) estimated in NSW and growing, with the number of cannabis medicines dispensed each month in NSW almost doubling in a 12 month period.
Many people rely on these prescriptions to continue working, caring for family members and going about their daily lives. The Government’s proposed changes recognise that reality, while ensuring anyone who is driving impaired by drugs or alcohol continues to face serious consequences.
To be eligible for the new system, drivers 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 and excludes L or P plate drivers and commercial drivers.
The Government will introduce a measured three-strike approach for registered medicinal cannabis users, recognising some drivers may test positive to THC despite using their medication lawfully and responsibly.
Under the new system, registered medicinal cannabis users will still be roadside drug tested. If a driver returns a positive roadside test, they will continue to receive an immediate 24-hour driving ban while the sample is sent for laboratory testing.
If the laboratory result shows THC below the maximum threshold there will be no charge or further action. If the laboratory result shows THC at or above the threshold, the driver will receive a warning letter for a first or second detection within two years. This will give drivers the opportunity to adjust their dose and driving behaviour after medicine use.
A third detection above the threshold within the two year period will result in penalties, including a fine of $704 and a minimum three-month licence suspension.
If the driver has alcohol present, or the lab result shows multiple illicit drugs, or any drug other than THC, the driver will face the standard drug driving offence.
Registered users will continue to be subject to post-crash blood and urine testing following serious crashes and will still face serious charges if they are found to be driving while impaired.
These safeguards are critical to ensuring police can continue to respond strongly to dangerous driving behaviour and thoroughly investigate serious crashes.
In line with the recommendations from the Drug Summit, the new system will be reviewed after a year of implementation.
Premier of New South Wales Chris Minns said:
“This is a significant reform for NSW, but it’s one we are approaching 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.
“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.”
Minister for Health Ryan Park said:
“Medicinal cannabis is allowing many people in our community to go about their daily lives.
“These reforms work to get a balance right between safety and legal use of medicinal cannabis.”
Minister for Police and Counter-terrorism Yasmin Catley said:
“Road safety remains the number one priority and these reforms do not change the ability of NSW Police to take dangerous drivers off our roads.
“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.”
Minister for Roads Jenny Aitchison said:
“At the 2024 Drug Summit we heard clearly that more consideration needs to be given to people who use medicinal cannabis while also needing to be able to drive.
“The issue is a complicated one and it’s important we strike a balance between keeping our roads as safe as possible, while also ensuring people using medicinal cannabis on prescription can drive a vehicle where they are not under the influence.
“This change does not give anyone permission to drive a vehicle while affected by cannabis or any other drug. If you are caught driving while impaired by drugs you will face the full force of the law.
“We want to give drivers two warnings, so they can manage their medicine use and driving. If caught a third time they will be charged with an offence and face penalties, including licence suspension.”
