In New South Wales, Australia, patients can legally use medical cannabis with a prescription. So far, so good. But the question that has complicated the lives of thousands of patients for years goes beyond that: what if you take your medication, get behind the wheel, get pulled over, and test positive for THC?
Can authorities suspend your license even if you’re not under the influence? Does it matter if you took your medication the night before? Is there a legal limit? Or is even a trace amount enough to get you in trouble?
That is precisely the issue the New South Wales government is now seeking to address. Chris Minns’ Labor administration announced proposed reforms to drug-driving laws so that registered medical cannabis patients are not automatically penalized for having small amounts of THC in their system.
The measure does not legalize driving under the influence of cannabis. Nor does it eliminate roadside checks. What it proposes is more specific: preventing the law from treating an impaired driver the same way it treats a patient with a prescription who has minimal traces of THC but is not necessarily impaired.
What’s Changing for Medical Cannabis Patients in New South Wales
Until now, New South Wales law has penalized the presence of THC in a person’s system, without requiring proof of actual impairment while driving. This meant that someone could have taken their medication hours earlier, driven normally, and still faced a fine or license suspension after testing positive on a saliva test.
Under the proposed reform, patients with a valid prescription would be eligible for a limited legal defense. To qualify, they must register with Transport for NSW, provide proof of their prescription, and complete an online course on cannabis and road safety.
If a registered driver tests …
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Author: Camila Berriex / High Times
