New South Wales Independent MPs Alex Greenwich, Dr Joe McGirr and Greg Piper have joined with the Legalise Cannabis Party’s Jeremy Buckingham MLC to push for a more just approach to medical cannabis use and driving.
As in most other states, there is no legal defence in New South Wales for driving while having a detectable THC level, even if medical cannabis is legally prescribed and there is no impairment. And with THC staying in the body for up to weeks after last ingestion, the law as it stands is a de-facto ban on driving for patients using medical cannabis.
Last week, the Members and Buckingham sent a letter to NSW Premier Chris Minns and Minister for Regional Transport and Roads Jenny Atchison urging the State Government to amend the Road Transport Act 2013 (NSW) to provide an exemption for patients who hold a valid prescription who may test positive during a roadside test, but are not impaired.
“Under our proposed model, Police will still be able to charge anyone driving while impaired,” said Mr. Greenwich. “But if a patient is not impaired and THC is only lingering in their system, they shouldn’t be dragged into court or lose their license.
Medical cannabis should be treated like any other prescribed medication – we can support people’s health and wellbeing without punishing them for following their doctor’s advice.”
Mr. Greenwich also revealed he was a medical cannabis user.
“Like many people, I’ve got a script for medical cannabis, it helps me with anxiety and insomnia.”
The letter states more than 300,000 patients living in New South Wales have prescriptions.
“… and these people should not be forced to choose between driving on the roads and taking their legally prescribed medicine.”
Earlier this year, New South Wales Greens MLC Cate Faehrmann introduced the Road Transport Amendment (Medicinal Cannabis-Exemptions from Offences) Bill 2025 to NSW parliament; seeking to exclude medical cannabis patients from application of driving related offences where THC is present in a person’s oral fluid, blood or urine; assuming no impairment. It was introduced and had its second reading on 28 May 2025, with no further activity reported since.
