Laws that allow drivers with medicinal cannabis in their system to get behind the wheel have passed NSW Parliament.
The government and the opposition have been at odds over the reforms.
Under the laws, roadside drug testing will continue and there will be no changes to the roadside drug testing process carried out by police.
Any registered medicinal cannabis patient who returns a positive roadside test will continue to receive an immediate 24-hour driving ban while their sample is sent for laboratory testing – as is the case for any driver who returns a positive roadside drug sample.
If the laboratory result shows THC below the maximum threshold of 50 ng/ml, no further action will be taken. If the laboratory result shows THC at or above the threshold, the driver will receive a warning for a first or second detection within two years.
“Like we’ve said from the beginning, 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,” said Roads Minister Jenny Aitchison.
“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.”
But the opposition says the laws are “reckless” and that motorists are now less safe on the roads.
Shadow Roads Minister Mark Coure says Labor has pushed ahead with the legislation despite the absence of a scientifically agreed test for cannabis impairment and has refused to release any evidence underpinning its approach.
“Drivers deserve laws that are fair, clear and based on science,” he said.
“Police deserve laws that are workable and properly drafted. Patients deserve clarity about how their prescribed medication may affect their legal position.
“Road safety laws should be based on sound science, proper consultation and careful drafting. Instead,
Labor has rushed this legislation through Parliament and left serious questions about its operation unanswered.”
Head of Government Relations at Montu, which is Australia’s largest medicinal cannabis clinic, said its patients no longer faced the “impossible choice” or taking their prescription medicine, or driving.
“Around three hundred thousand people in NSW hold a prescription and have been living under it. For many, it’s meant lost work, lost independence, and in regional areas, being cut off from their own community,” he said.
While the laws have passed, there are still a number of processes to be completed prior to its full implementation.
Troy Dodds is Parra News' Managing Editor and Breaking News Reporter. He has more than 20 years experience as a journalist, working with some of Australia’s leading media organisations. In 2023, he was named Editor of the Year at the Mumbrella Publish Awards.