Skip navigation

Parliament to Debate Fair Drug Driving Laws for Medicinal Cannabis Patients

profile image
Cate Faehrmann
NSW Greens MP
11 October 2022

The NSW Upper House is set to debate the Greens’ bill to amend the end the unfair prosecution of medicinal cannabis patients by giving them a defence against drug driving charges if they have taken their medicine as prescribed and are not impaired. 

The bill was introduced into the Legislative Council on 17 November 2021 by Cate Faehrmann, Greens MP and spokesperson for Drug Law Reform and Harm Reduction and was referred to the Upper House Law and Justice Committee which reported on 11 August 2022

The bill will be debated in the NSW Upper House on the afternoon of Wednesday 12 October. 

“The state’s unfair drug driving laws are punishing medicinal cannabis patients for driving even though they are not impaired,” said Cate Faehrmann. 

“Many patients turn to cannabis because it is the only medicine that brings them relief from conditions like PTSD or chronic pain. These patients are then forced to choose between driving or using this medicine. 

“The law should have been reformed as soon as medical cannabis was legalised. Instead, medicinal cannabis patients have spent six years facing discrimination.

“Other jurisdictions have successfully allowed cannabis patients to drive. It’s time for NSW to change these absurd and unfair laws and end the persecution of innocent people. I urge all parties to support this sensible bill,” said Cate Faehrmann.

Background

The law as it currently stands in NSW means medicinal cannabis patients risk testing positive to THC and losing their licence for 3 months, but patients who use morphine are provided a medical defence against testing positive while driving, under section 111 of the Road Transport Act 2013.

The United Kingdom, Norway, Germany, Ireland and New Zealand make a medical defence available to patients with THC in their system provided they are not impaired and are using the drug as directed. 

Roadside drug tests are incredibly sensitive. Patients can test positive 24 hours or more after they have consumed cannabis, well after any impairment has worn off. 

The committee heard evidence that increased crash risk associated with being intoxicated with cannabis was 40% while driving with a blood alcohol concentration of 0.05 increased crash risk by 100% and driving a motorbike increased the risk by 3,000%.  

Fresh Leaf Analytics, the leading supplier of data on the medicinal cannabis industry in Australia, found that the number of active medical patients had grown from 30,000 at the end of 2020 to 70,000 in September 2021.

**Medicinal cannabis patients who have been impacted by the drug driving laws are available for interview on request. 

profile image
Cate Faehrmann
NSW Greens MP
11 October 2022
SHARE:

THE LATEST NEWS

Minns & Perrottet must commit to phasing out coal mining in Sydney’s Water Catchment

Dominic Perrottet and Chris Minns must commit to ruling out any new longwall mining in Sydney’s water catchment as well as a timetable to phase it out after it was revealed that one of the last actions by the NSW National Party Water Minister was to hand out water licences...

MEDIA RELEASE

Greens Announce Plan to Legalise Cannabis in Next Term of Parliament

Cate Faehrmann, Greens MP and drug law reform spokesperson, has today launched the Greens plan to legalise and regulate recreational cannabis in NSW. 

MEDIA RELEASE

Pill Testing Urgently Needed after Tragic Death at Music Festival: Greens

Following the tragic news of the death of a man from a drug overdose at Sydney’s Transmission Festival this weekend, Cate Faehrmann, Greens MP and drug law reform and harm reduction spokesperson is calling on the Government to urgently implement all recommendations of the Coronial Inquest into the six deaths...

MEDIA RELEASE

The Govt Shows Contempt for Democratic Process with 5th Introduction of Floodplain Harvesting Regulations

The NSW Water Minister’s introduction of floodplain harvesting regulations for a fifth time shortly before an election shows complete and utter contempt for the voters of NSW, says Cate Faehrmann, Greens MP and water spokesperson.  The NSW Government gazetted regulations to license floodplain harvesting this afternoon after previous regulations were...


CAMPAIGNS