The New South Wales Government has proposed sweeping changes to the state’s medicinal cannabis driving laws, unveiling a framework that could allow some medicinal cannabis patients to avoid automatic penalties for the presence of THC in their system.
If passed, the reforms would represent the most significant change to medicinal cannabis driving laws in Australia since legal access to cannabis medicines was introduced nearly a decade ago.
The proposal follows recommendations emerging from the NSW Drug Summit and seeks to address a long-running criticism of current laws: that patients can be penalised for the presence of THC regardless of whether they are actually impaired.
Under the proposed legislation, drivers with a valid medicinal cannabis prescription would be able to register with Transport for NSW and complete an online cannabis-driving safety course to become eligible for the scheme.
The reforms would apply only to unrestricted licence holders and would exclude learner, provisional and commercial drivers.
If a registered patient returns a positive roadside saliva test for THC, they would receive an immediate 24-hour driving suspension while laboratory analysis is conducted. If testing determines THC levels are below a prescribed threshold, no further action would be taken.
Patients found above the threshold would enter a proposed three strike system. A first and second detection within a two-year period would result in warning notices, while a third detection could trigger a minimum three-month licence suspension and a fine of up to $704.
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