Greens MP and drug harm reduction spokesperson Cate Faehrmann has welcomed news that reform to drug driving laws for medicinal cannabis patients will finally be introduced into NSW Parliament.
The ABC reports, “The Labor government plans to introduce a legal limit on the concentration of tetrahydrocannabinol, known as THC, a driver can have in their system if they have a prescription. While it will remain an offence for most drivers to have any trace of THC in their system, medicinal cannabis patients would be exempt if a laboratory test found their saliva had fewer than 50 nanograms per millilitre of THC”.
Meanwhile, Lismore Greens councillor Virginia Waters said, “A significant step forward for medicinal cannabis law reform in NSW, with legislation moving closer to becoming law”.
Commonsense approach says govt
In a statement by the NSW Labor government, they say, “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.
Rrequired to enrol as a registered medicinal cannabis user
“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”, they said.
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