There is a renewed effort to change driving laws in New South Wales (NSW) that currently penalize individuals with medicinal cannabis prescriptions from driving. These laws have raised concerns as they do not provide a medical defense for patients using tetrahydrocannabinol (THC) as prescribed by their doctors.
Medicinal cannabis is often prescribed to help manage conditions like anxiety, epilepsy, and chronic pain. However, under the Road Transport Act 2013 (NSW), it is illegal to drive with THC present in saliva, blood, or urine. The penalties for drug driving in NSW can be severe, with fines reaching up to $2,200 for a first offence and $3,300 for subsequent offences. Additionally, offenders can face license disqualifications of six months or even longer for repeat violations.
John Ryan, the chief executive of the Penington Institute, has voiced concerns about these laws in a letter to NSW Premier Chris Minns. He emphasized that patients should not have to choose between their prescribed medication and their ability to drive. Ryan stated, “Nobody should drive while they are impaired by any substance, including prescribed drugs such as medicinal cannabis,” but he also highlighted that patients using cannabis responsibly pose minimal safety risks.
A representative from Transport for NSW acknowledged the challenges faced by patients who cannot drive due to THC regulations. While the government is aware of the issue, they noted that finding a straightforward solution is complex. They mentioned the need for further research and consideration of evidence from studies, such as the Victorian closed track trial, to ensure road safety is maintained for all users.
The need for more research was underscored by a NSW Parliamentary Inquiry in 2022 that identified a clearer understanding of the impairing effects of THC-based medicinal cannabis as essential for any law reform.
Between 2019 and 2023, there were 233 fatal crashes in NSW involving drivers with THC, representing 16 percent of all fatal crashes and resulting in 252 fatalities.
Currently, Tasmania is the only Australian state where driving with medicinal cannabis in one’s system is permitted. In Victoria, magistrates decide on a case-by-case basis whether to suspend the licenses of drivers with medicinal cannabis prescriptions, while Western Australia has seen similar incidents of penalties for patients, including a recent case where a man was fined $700 for driving with THC two days after using cannabis.
David Heilpern, a dean of law at Southern Cross University, argued that THC-based medicines should be treated like any other prescription drug. He pointed out that the current regulations lead to negative consequences for patients, such as losing their licenses and jobs.
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