New South Wales Considers Major Shift on Medicinal Cannabis and Driving
New South Wales is on the cusp of a significant policy change that could allow individuals using medicinal cannabis to drive, provided they are not impaired. This long-awaited development, championed by advocates and now receiving the backing of Premier Chris Minns, aims to rectify what is being described as an outdated and discriminatory system.
Currently, mainland Australian states, including New South Wales, do not treat medicinal cannabis in the same way as other prescription medications when it comes to driving. This means that even if a driver is not experiencing any impairment, the mere presence of medicinal cannabis in their system can lead to legal repercussions.
A Broken System and a Call for Equality
Members of the Legalise Cannabis party, including MP Jeremy Buckingham, have been at the forefront of this advocacy. Mr. Buckingham, who has introduced legislation to Parliament proposing an exemption for cannabis-using drivers, argues that the current status quo is fundamentally flawed.
“The status quo is broken and is discriminating unnecessarily against hundreds of thousands of people in NSW,” Mr. Buckingham stated. “It’s time medicinal cannabis was treated like every other type of medicine.”
Premier Minns acknowledged the widespread use of medicinal cannabis in the state, revealing that approximately 400,000 individuals in NSW access it through a prescription. He highlighted that many are turning to medicinal cannabis as a healthier alternative to more potent prescription drugs.
“Hundreds of thousands of people are accessing it as a legitimate health alternative to even more powerful drugs,” Mr. Minns said. “We need a fit-for-purpose regime on NSW roads so we’re not disenfranchising people. We will draft our own legislation, but we’re actively considering a change in the policy.”
The Challenge of Testing and Impairment
The core of the debate lies in how authorities can accurately determine if a driver on medicinal cannabis is genuinely impaired. Standard roadside drug tests detect the presence of tetrahydrocannabinol (THC), the primary psychoactive compound in cannabis. However, these tests do not measure the concentration of THC or indicate the level of impairment.
Traces of cannabis can linger in a person’s system for weeks, even after the psychoactive effects have worn off. Mr. Buckingham pointed out that medical professionals typically advise patients to refrain from driving for at least six hours after consuming medicinal cannabis.
“We certainly don’t think anyone should be on the road if they’re impaired and as with any medication, ultimately that comes down to people according with their prescribing doctor’s advice,” he emphasised.
Premier Minns indicated that the government is exploring potential testing methods to assess fitness to drive, though details of this proposed legislation have not yet been released.
Reactions and Ongoing Concerns
The prospect of change has brought relief to some, including independent MP Alex Greenwich, who himself uses medicinal cannabis for anxiety and insomnia. However, the National Roads and Motorists’ Association (NRMA) has voiced reservations, citing concerns for road safety.
“The concern is, how do you police it? How do you measure impairment? That’s the challenge that still hasn’t been addressed,” said NRMA spokesman Peter Khoury.
Victoria’s Pioneering Approach
Meanwhile, Victoria is leading the way with a world-first trial investigating the impact of THC-prescribed medicinal cannabis on driving performance in a controlled environment. This research aims to provide valuable data to inform policy decisions.
Significantly, since March 2025, Victorian motorists who have medicinal cannabis in their system but are demonstrably not impaired by the drug are no longer subject to automatic driving bans. This move by Victoria sets a precedent that New South Wales appears keen to follow, signalling a potential national shift in how medicinal cannabis and driving are regulated.
