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Under proposed NSW laws, drivers with a medicinal cannabis prescription would no longer face a three-month licence suspension or fine for having THC up to a threshold in their system.
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The Minns government announced on Thursday it would introduce legislation regarding medicinal cannabis use and driving.
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Under the proposed new system, drivers with a full licence can drive with THC up to a threshold.
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Drivers with a medicinal cannabis prescription will be required to register that they have a prescription with Transport NSW.
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If a driver with a prescription returns a positive test, they will still face a 24-hour ban while a laboratory tests the results.
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If the lab result shows the person’s THC levels were above the allowed threshold, they will receive a warning on the first and second occasion to give them an opportunity to adjust their use.
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If a driver exceeds the THC threshold a third time within two years, they will face a minimum three-month licence suspension and a $704 fine.
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The government noted that 1 million Australians use medicinal cannabis and up to a third of those people are in NSW.
Chris Minns, Premier
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“For thousands of people, medically prescribed cannabis is life-changing medication that is necessary for people to go about their daily lives,” Premier Chris Minns said.
Chris Minns, Premier
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“These changes strike a careful balance of providing a more practical approach for medicinal cannabis users while maintaining strong road safety protections for the community.”
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Michael James served 15 years in the Australian army and lives in regional NSW.
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Michael James has a prescription to manage his PTSD and chronic pain.
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Michael James stopped driving after he was fined $600 at a roadside stop for having THC in his system, despite not having used his medication for more than 12 hours.
Michael James
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“I hadn’t taken my medication for over 12 hours. I was not impaired. Yet under NSW law I was treated like a criminal,” Michael James said.
Michael James
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“Cannabis makes me safer on the roads, not riskier.”
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Dr Will Tregoning is the chief executive of Unharm.
Will Tregoning, chief executive of Unharm
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“Patients tell us constantly about the toll of these outdated laws – jobs lost, independence lost, the impossible choice between their health and their licence.”
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Unharm is calling on regional NSW MPs to back the legislation, arguing it is their constituents who are affected by the current laws the most as driving is the only way to reach essential services and family.
Will Tregoning, chief executive of Unharm
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“Reforming this law is also good for road safety: in some cases the current law has made roads less safe by forcing patients off medication that was helping them sleep,” Dr Will Tregoning said.
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Prof Iain McGregor is the academic director of the Lambert Initiative for Cannabinoid Therapeutics at the University of Sydney.
Iain McGregor, academic director of the Lambert Initiative for Cannabinoid Therapeutics at the University of Sydney
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“THC can be detected in the body for weeks after cannabis use but research shows impairment typically clears within hours.”
Iain McGregor, academic director of the Lambert Initiative for Cannabinoid Therapeutics at the University of Sydney
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“We’ve also shown that THC concentrations in blood and saliva are poor and inconsistent indicators of impairment. Prosecuting patients on the basis of THC presence in saliva, long after any effect has worn off, is manifestly unjust,” Prof Iain McGregor said.
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In November, the independent MP for Sydney, Alex Greenwich, moved a motion that was co-signed by Jeremy Buckingham from the Legalise Cannabis party calling for the government to enact a legal defence for drivers who use medicinal cannabis.
Alex Greenwich, independent MP for Sydney
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Alex Greenwich welcomed the government’s announcement, saying it prioritises road safety while also allowing users to drive again.
Alex Greenwich, independent MP for Sydney
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“As someone who is a medicinal cannabis patient, I know first-hand the positive benefits it can have for my sleep and anxiety management,” Alex Greenwich said.
Alex Greenwich, independent MP for Sydney
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“As an MP, I’ve also heard from people across NSW whose lives have been unfairly limited by laws that have not kept pace with modern medicine.”
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