Hopes that medical cannabis patients in the Australian state of New South Wales could soon drive when unimpaired without risk of prosecution have been dampened.
As in most Australian states, it is illegal to drive in New South Wales with any detectable level of the intoxicating cannabinoid THC in a driver’s system, even if unimpaired. As THC can be detected up to weeks after it was last consumed, this leaves many patients legally prescribed cannabis with even only trace levels of THC a difficult choice – forego their medicine or risk prosecution.
The 2024 NSW Drug Summit made a recommendation that a medical defence for people using legally prescribed cannabis who are driving and unimpaired be legislated as soon as possible; including:
- an option for police at the roadside or a court to assess the defence.
- guidelines that are developed by relevant government agencies (such as Transport, Health, Police and Justice) to support implementation.
- a review after 12 months.
The NSW Government has finally responded to the Drug Summit’s recommendations, supporting or supporting in principle more than 50 recommendations. A driving defence for medical cannabis patients wasn’t among them.
The NSW State Government says while it acknowledges the benefits of cannabis medicines, further consideration is required given THC’s role in car crashes.
“THC, which is the same drug in both cannabis medicines and cannabis sourced elsewhere, can affect the skills needed for safe driving and increase crash risk. This is based on available research as well as data in NSW that shows 16% of fatal crashes involve THC.”
The proportion of those incidents involving a driver taking legally prescribed cannabis wasn’t mentioned.
The Minns Government says there are different approaches taken in other jurisdictions to the thorny issue and time is needed to study those.
“To carefully consider the impacts of different models, the NSW Government has established an Expert Working Group (the Group) to assess the evidence, analyse reform options, safeguards and whole of government implementation considerations (including resourcing and process). The Group is scheduled to provide recommendations by the end of 2025, for government consideration.”
So, the can has been kicked down the road again and when the NSW Government will be finished considering any findings is anyone’s guess.
