Cannabis Council Australia welcomes NSW medicinal cannabis driving reforms
Summary
Cannabis Council Australia (CCA) has welcomed legislation introduced by the Minns Labor Government that would finally allow legally prescribed medicinal cannabis patients to drive in NSW.
Under the proposed reforms, patients holding a valid unrestricted licence and a valid prescription would be able to register with Transport for NSW and drive with THC in their system up to a threshold of 50 nanograms per millilitre, provided they are not impaired.
CCA Chief Executive Officer Lisa Penlington said the announcement was the direct result of sustained, evidence-based advocacy by CCA,its supporters and a broad advocacy base on behalf of NSW patients.
"CCA welcomes this landmark change, which would see medicinal cannabis patients no longer automatically lose their licence simply because THC is present in their system. For patients managing complex, chronic conditions, the ability to drive is not a convenience – it is independence, employment, community participation – and retaining access to the very healthcare they rely on.”
How the proposed system would work
To register, patients must provide proof of a valid prescription and complete a cannabis and driving safety education program. Registered patients remain subject to roadside drug testing. At this stage, it appears that any positive saliva test triggers an immediate 24-hour driving ban pending laboratory analysis. If the lab confirms THC below the threshold, no further action is taken.
Where THC exceeds 50ng/mL, a three-strike system applies within each two-year period — a warning for the first and second detections, and a $704 fine plus minimum three-month suspension for the third. The two-year cycle then resets.
Driving while impaired remains an offence under all circumstances, as does driving with THC detected alongside alcohol or other drugs. The reforms apply to full unrestricted licence holders only – learner, provisional and commercial drivers are not eligible.
The NSW Government has indicated the new system will be reviewed after one year of operation.
What happens next
The legislation to enable reform must pass both houses of NSW Parliament before becoming law. Cannabis Council Australia is calling on all NSW MPs to support driving reform for medicinal cannabis patients without delay and is urging patients, prescribers and supporters to contact their local members to share the personal impact existing laws have had.
CCA has cautioned that for the time being it remains an offence to drive with any detectable THC in the system. Patients must continue to abide by current law.
“This reform announcement is another important step in the legitimisation of medicinal cannabis as a genuine form of healthcare.
But there’s an unexpected dividend too. We know the fear of losing a licence or having to stop driving completely has been a significant barrier to patient participation in clinical trials. If patients no longer face that risk, more may feel able to contribute to the evidence around medicinal cannabis that's urgently needed. Greater legitimacy and building evidence — these are significant outcomes from this reform." – Lisa Penlington, Chief Executive Officer, Cannabis Council Australia
CCA calls on NSW Parliament to pass this legislation without delay.
