The New South Wales government is moving forward with proposed reforms that would ease drug-driving penalties for some medicinal cannabis patients, a move drawing sharp criticism from road safety advocates and opposition politicians. The legislation, set for debate this week, would allow eligible prescription holders to avoid escalating penalties for a first and second positive roadside drug test.
Roads Minister Jenny Aitchison stated that the changes would not alter roadside testing procedures or impairment laws, emphasizing that any detected presence of the drug would still result in a 24-hour driving ban. However, under the proposed reforms, patients who are eligible and test positive would be spared the automatic three-month license suspension and $704 fine associated with a first offense.
The Minns government argues these reforms address an inconsistency since medicinal cannabis was legalized in 2016, preventing patients from being penalized for using legally prescribed medication. Aitchison also refuted claims that general practitioners are routinely prescribing medicinal cannabis for recreational purposes.
Despite the government's assurances, the National Roads and Motorists' Association (NRMA) has strongly opposed the policy, urging the government to scrap the plan and release any supporting research. NRMA spokesman Peter Khoury described the proposed changes as "absurd" and a "dangerous approach." He cited internal Transport for NSW research suggesting that many medicinal cannabis users drive against medical advice, including driving too soon after use or mixing it with other substances. "The Government's own research reads like a horror show," Khoury stated, adding that at a time when efforts are being made to reduce road fatalities and serious injuries, this policy represents a "massive own goal."
Khoury also called for the immediate public release of the government's research underpinning these changes, stating, "We need to be able to see that research and analyse it and critique it."
Further criticism came from trauma surgeon Dr. John Crozier, former chair of the National Trauma Committee of the Royal Australasian College of Surgeons. Crozier warned that the proposed legislation would likely lead to an increase in road deaths and hospitalizations due to THC-impaired drivers, calling it an experiment not undertaken by any other jurisdiction globally. "We are about to roll an experiment in NSW that no other jurisdiction anywhere in the world has been prepared to run," he said.
NSW Opposition Leader Kellie Sloane has called for the legislation to be abandoned or referred to a parliamentary inquiry. She expressed concerns that the proposed laws could significantly undermine road safety in the state and urged the Premier to consider the experts' warnings. "If they're not going to listen to the experts, then at least refer it to a road safety committee in Parliament to examine," Sloane suggested.