Drivers in NSW with a medical cannabis prescription may soon see some long anticipated changes to the states strict drug driving laws.
The NSW government has indicated that it is developing legislation that would allow medicinal cannabis patients to drive without automatically committing an offence if THC is detected during roadside drug testing. The proposed reform, if it becomes law, would address a daily struggle many Australians are facing.
The current law in NSW
Under the Road Transport Act 2013 (NSW), it is an offence to drive with the presence of illicit drugs in your system.
It is illegal to drive with any detectable amount of THC in your system. Impairment is not considered.
It is important to note that THC can remain detectable for hours or even days after use. Medicinal cannabis patients can test positive long after the impairment has worn off.
In comparison, in Tasmania, it is legal to drive with THC in your system if you have been prescribed medicinal cannabis, provided you are not impaired to the extent that you cannot properly control your vehicle.
Why the law has been criticised
NSW drug driving laws are presence-based. They only require that THC is detectable in your system, which has been criticised as unfair. This means people can be charged despite:
- Following the doctor’s orders, and
- Not being impaired.
The National institute of Health have identified that cannabis can remain in the system of a regular smoker for up to a month.
What the proposed reform could do
The proposed reform may allow people who use prescription medical cannabis to raise a defence to the charges. They would be able to argue that they hold a valid prescription, and they were not impaired while driving.
The NSW government have indicated the possibility of changing the way they treat medical cannabis in terms of driving offences. It would be treated like other prescription medications such as opioids. You will only be committing a crime if your driving abilities are impaired at the time of the drug test.
What this means for drivers right now
Currently, the law has not changed. Drivers in NSW will still be charged if roadside drug testing detects THC, even from the use of prescribed cannabis.
Penalties for driving with THC detected in your system can include:
- Significant fines
- Licence disqualification
- Criminal conviction
If you have been charged with drug driving, obtaining early advice can change the trajectory of your outcome. Contact us now.
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