The NSW Labor government has passed new laws allowing medicinal cannabis users to drive with the drug in their system, sparking safety concerns.
The legislation, which passed state parliament on Thursday, requires eligible drivers to register, provide evidence of a prescription, and complete an online course about cannabis and road safety.
If registered drivers return a positive roadside drug test they will be banned from driving for 24 hours while the sample is sent for laboratory testing, and if their THC levels are below 50ng/ml, no further action will be taken.
Higher levels will result in a warning for a first or second detection within two years, and a third detection will be punished with a $722 fine and a minimum three-month driving suspension.
Labor said this meant that drivers who were not “impaired” would not be penalised, but Liberal MP Mark Coure described the law as “rushed and reckless”, and said Labor’s drug-driving policy “will make NSW roads less safe”.
The changes were supported by far-left party The Greens, and Minister for Roads and Regional Transport Jenny Aitchison said on Friday that the previous laws were a “significant barrier” for medicinal cannabis users who needed to drive.
“These reforms balance road safety with the need for a new system for patients who rely on this legally prescribed medication, without the fear of being treated like a criminal,” she said.
“We cannot be any clearer: nobody should drive while impaired by cannabis, alcohol or any other drug. That is not changing, and drivers will continue to be tested.
“From now on, eligible medicinal cannabis patients, who are not impaired, will have a clearer system, more opportunities for education, and a chance to adjust their behaviour before facing penalties.”
Learner and provisional licence holders will not be eligible, registered medicinal cannabis patients cannot have any alcohol or other drugs in their system, and those showing signs of impairment can still be charged by police with driving under the influence offences.
Header image: Left, Ms Aitchison and Premier Chris Minns (Jenny Aitchison). Right, a roadside drug test (NSW Police)
