Do you use medicinal cannabis? Are you worried about being stopped by police and fined for having THC in your system
Locals have raised this with me for years and I have backed them on it, State MP Janelle Saffin said.
She’s talking about the new reforms introduced by the State Government to allow people who use medicinal cannabis to be able to drive without being penalised.
“For too long, people using prescribed medical cannabis have faced the risk of losing their licence despite following medical advice,” Ms Saffin said.
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 across the state almost doubling in the past year.
Under the reforms, drivers taking prescribed medicinal cannabis containing THC will no longer be automatically penalised under the current drug presence offence framework.
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.
A measured three-strike approach will be introduced 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.
In line with the recommendations from the Drug Summit, the new system will be reviewed after a year of implementation.
Premier Chris Minns said it was a significant reform for NSW.
“For thousands of people, medically prescribed cannabis is life-changing medication that is necessary for people to go about their daily lives,” Mr Minns said.
“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.”
This information was provided by the office of Janelle Saffin MP.
DID YOU KNOW?
THC stands for tetrahydrocannabinol (specifically delta-9-tetrahydrocannabinol). It is the principal psychoactive chemical compound found in the cannabis plant (marijuana and hashish) and is the primary substance responsible for the plant’s intoxicating, mind-altering ‘high’.