A three-strikes system around medical cannabis use and driving has been proposed. Photo: Michelle Kroll.
A GP has warned that patients are still facing “a huge inconvenience” under a new three-strikes approach to drivers using medicinal cannabis.
Earlier this month, the NSW Government announced it will introduce laws to ensure people using some cannabis products containing tetrahydrocannabinol (THC) will no longer be automatically penalised.
This will only apply to medicinal cannabis patients.
Associate Professor Vicki Kotsirilos, who’s the country’s first GP to be authorised by the TGA to prescribe medicinal cannabis, believes some parts of the proposal represent a “positive step forward”.
“It’s good in some ways, but it’s not good in other ways,” she told Region.
Under the government’s proposal, medicinal cannabis users could be drug tested as normal.
But if their roadside test is positive, they will be handed a 24-hour driving ban and their sample will be sent for further testing.
For Associate Professor Kotsirilos, the 24-hour ban is a flaw in the proposed regime.
“This could be a huge inconvenience for the patients [during that temporary ban],” she said.
“For example, if a patient is attending their medical doctor, dropping their kids off at school or going to work.”
If a medicinal cannabis patient’s sample comes in under a set threshold, it’s proposed that no further action will be taken against them.
To be covered under the changed regime, medicinal cannabis users will need to enrol with Transport for NSW, provide proof of a valid prescription and complete an online education program about cannabis and driving safety.
The new system would only apply to NSW drivers who hold an unrestricted licence.
NSW Premier Chris Minns said the change would bring medicinal cannabis use in line with other prescriptions.
“Our current laws enable people to safely and legally drive while taking a wide range of prescription medications but that doesn’t include cannabis prescribed by a medical practitioner,” he said.
“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.”
Under the three-strikes rule drivers will receive a warning letter for a first or second detection within two years.
A third detection above the set threshold within a two-year period will trigger penalties, including a $704 fine and a minimum three-month licence suspension.
Associate Professor Kotsirilos said that while the two warnings were appreciated, should a doctor adjust someone’s dosage, it may no longer be effective.
She advised anyone who took medicinal cannabis products to wait at least six hours before getting behind the wheel.
“If you feel groggy or drowsy … avoid driving as well, because it can still cause impairment at low doses,” she said.
Minister for Roads Jenny Aitchison said the proposal came off the back of feedback from the 2024 Drug Summit.
“This change does not give anyone permission to drive a vehicle while affected by cannabis or any other drug. If you are caught driving while impaired by drugs you will face the full force of the law.
“We want to give drivers two warnings, so they can manage their medicine use and driving. If caught a third time they will be charged with an offence and face penalties, including licence suspension.”
A report by summit co-chairs Carmel Tebbutt and John Brogden states that it is currently illegal to drive with THC in your system.
“There was broad support for exploring models that would allow people who are using prescribed cannabis products to drive without fear of penalties, while balancing road safety risk,” they wrote of feedback to the summit on the topic.
Region contacted Ms Aitchison for further details around the proposal but did not receive a response before publication.
Once implemented, the changes are set to be reviewed after a year.
