Motorists in New South Wales with a prescription for cannabis products will soon be granted special allowances.
The NSW Government has announced it will introduce new laws to ensure those who use medicinal cannabis will no longer be automatically penalised if found to be driving with tetrahydrocannabinol (THC) in their systems, provided that laboratory tests show they are under a set limit.
THC is the principal psychoactive compound found in cannabis.
The reforms will require all cannabis users with a legal prescription to register with Transport for NSW, providing documentation and completing an online driver safety course specifically related to the effects of drug driving.
Learners, provisional licence holders, and commercial drivers are excluded from the program.
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However, registering with the government won’t provide an exemption from roadside testing – nor from penalties.
If a driver returns a positive roadside drug test, they’ll still receive an immediate 24-hour driving ban, with a saliva sample then sent for more comprehensive laboratory testing.
Those found to have been driving with THC in their system – above a maximum threshold of 50 nanograms per millilitre of THC, according to ABC News – will have their licence suspended for three months and will receive a fine of $704 on the third offence.
A three-strike rule will be introduced, which the government says will “give drivers the opportunity to adjust their dose and driving behaviour after medicine use”.
Should further testing reveal illicit drug or alcohol consumption, motorists will face the normal repercussions of the law.
A statement issued by the NSW Government says drivers could also face consequences if lab results show “multiple illicit drugs, or any drug other than THC”. It’s unclear at this stage if the language is referring to other legally prescribed substances, such as opiate-based painkillers.
Those found operating a motor vehicle in New South Wales under the influence of drugs can face fines of up to $2200, along with licence disqualifications of up to six months – increasing for repeat offenders.
A review of the system will be conducted a year after implementation.
“These planned reforms represent an important advance in balancing road safety with the needs of medicinal cannabis users, with important safeguards built into the system that protect the integrity of the drug driving enforcement program,” said Michael Fitzharris, associate professor at the Monash University Accident Research Centre.
“Being a world first in setting a roadside THC limit, this is a profound change, analogous to the introduction of the blood alcohol limit, and will assist police in keeping the community safe.”
It’s estimated there are around a million users of medicinal cannabis in Australia, with more than 300,000 located in New South Wales.
“This is a significant reform for [the state], but it’s one we are approaching carefully and with road safety at the centre of every decision,” said NSW Premier Chris Minns.
“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,” Mr Minns explained.
“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.”
MORE: Relaxing of state drug-driving laws proposed for medicinal cannabis users