The Greens have introduced a bill to NSW parliament this week that will provide an exemption for medicinal cannabis patients if they test positive to THC during a roadside drug test, providing they are unimpaired, hold a prescription for medicinal cannabis and are using it as prescribed.
The Road Transport Amendment Bill (Medicinal Cannabis – Exemptions from Offences) Bill 2025 was introduced in the NSW Upper House by Greens MP and drug law reform and harm reduction spokesperson Cate Faehrmann.
As the law currently stands in NSW, medicinal cannabis patients risk testing positive to THC and losing their licence for 3 months, even if they aren’t impaired at the time of driving. In comparison, drivers who use other prescription drugs, such as morphine, are provided a medical defence against testing positive while driving under section 111 of the Road Transport Act 2013.
A key recommendation arising from the Drug Summit in the area of law reform was for a medical defence to be provided for medicinal cannabis patients who are driving. The Greens say that’s what the new bill is designed to do.
Important reform
‘I call on all sides of politics to support this important reform which simply updates our road laws to recognise that medicinal cannabis is a legally prescribed medication which is growing in popularity to treat a range of conditions,’ said Cate Faehrmann.
‘The reason that this issue needs addressing is that THC can stay in a person’s system for quite a few hours after use, sometimes even days, even though any effect has long worn off.
‘Medicinal cannabis is proven to provide relief to those living with depression, insomnia, chronic pain, epilepsy and much more. It’s time our road laws caught up and stopped treating people who are doing nothing wrong like criminals,’ said Ms Faehrmann.
‘My Bill seeks to remove the discrimination on medicinal cannabis that forces patients to live in fear of losing their licence or to have to forgo life-changing medicine so they can keep driving. Victoria moved to allow a defence in March of this year, Tasmania already allows it while other countries like New Zealand, the UK and Germany also provide a defence for medicinal cannabis users.
‘It really is ridiculous that our road laws discriminate against a legal drug when the potential driving risks that many other legal drugs like opioids and alcohol pose are managed,’ said Cate Faehrmann.
