Progress, not perfection: glaring flaws in new cannabis driving laws

There has been commotion this past week about the new laws proposed by the Minns government that will see medical cannabis patients being able to drive with an allowable amount of THC present in roadside saliva testing. This issue has been a thorn in the side of legal access to cannabis since 2016 and should have been addressed much sooner than 2026. But here we are and what does it really mean to someone who has been prescribed cannabis?

Firstly, if passed in its current form, the law reform will mean people can use their prescription and live a normal life. No longer choosing between better health and the ability to drive. The current system has no allowance for medical cannabis use, with a positive test showing a small amount of THC in saliva leading to a long licence suspension and a hefty fine.

Secondly, there is some wiggle room if you do exceed the maximum threshold of THC in a test. In a two-year period, you can do that twice, being encouraged to better manage your medication. Dare not do it a third time, because then you stop being treated like a person needing a medication and become a drug fiend endangering the public again. More on that below.

Overall, this is a big win for patients and those who campaigned hard for this reform. Is it perfect? Hell no. Is it close to being the right reform? Yes, it is.

Let's explore the hiccups a little.

If you test positive on the roadside, you are instantly banned from driving for 24 hours. This is terrible discrimination against cannabis patients in comparison to those prescribed any other drug that may impair driving capacity. The testing used is sensitive down to 15 nanograms per millilitre, the threshold for medical cannabis use is going to be 50 ng/ml. Following doctor's orders, using the medicine properly could leave you stranded for 24 hours.

Your sample will be sent to a lab to determine the THC present; if below your threshold, there will be no further action. This will unfairly affect every person using their medicine as prescribed who gets tested. These drivers, if not displaying any symptoms of impairment, should be waved on by police to continue their journey with the presumption they are doing things correctly; like all the other drivers using prescription medications.

Now, the third strike of being over the threshold of 50 ng/ml within the two-year period. This is where things get nasty and punitive instead of dealing with someone with a medical condition who needs guidance. A massive fine and three months without a licence. Again, this is discriminatory, as no other prescription medication is tested for like this at the roadside and certainly no one else is facing the mandatory loss of their licence for exceeding an arbitrary limit on the presence of an active ingredient.

The hiccup that is getting the most emotional resistance, is the registration of medical cannabis users with Transport for NSW. With trust in government and police at all time lows, people are genuinely concerned about being targeted.

It is disappointing the head of the NRMA is so opposed to this reform. One of the positive aspects of the policy is the education requirement for registration as a cannabis patient. Without legal guardrails for use, you can't educate people on how to use cannabis medicine and be safe on the road. Objection by the NRMA shows that this opinion is not based on readily available road accident data from 15 years of international experience and the science of THC impairment. Like alcohol and opioids, people shouldn't drive for hours after they consume this drug; THC clearance is rapid and importantly, after regular cannabis use the impairment effect reduces over time and clears more rapidly. Presume these patients will follow the instructions like we presume those prescribed pharmaceutical drugs will.

The NSW Liberals intend on opposing the legislation, which is odd, as it was a Coalition decision in 2016 that made cannabis a legal option. They are questioning the science to support the decision.

To be clear, nobody wants impaired drivers on the road, and we cannot start testing for impairment soon enough. This reform is a crucial step in the right direction that will have a profound impact on 300,000 people in NSW. Let us not ruin it looking for perfect.

Andrew Fenwick, Legalise Cannabis Party, Hunter

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