For a more fair and just treatment of medical cannabis and driving, the Independent New South Wales MLAs Alex Greenwich (independent), Dr Joe McGirr (doctor) and Greg Piper (independent) have joined with Jeremy Buckingham from Legalise Cannabis Party.
New South Wales is not an exception to the law. This is true even when medical cannabis has been prescribed legally and there are no signs of impairment. THC remains in the body up to three weeks after the last dose, so the current law effectively bans patients from driving if they are using medical marijuana.
Members and Buckingham sent an open letter last week to NSW Premier Chris Minns and Minister of Regional Transport and Roads Jenny Atchison, urging them to amend NSW Road Transport Act 2013 in order to exempt patients with valid prescriptions who might test positive at a roadside testing, but not be impaired.
The Police are still able to prosecute anyone who drives while intoxicated under our proposed model.” said Mr. Greenwich. If a patient has THC in his system but isn’t impaired, he shouldn’t have to face a court case or risk losing his license.
Medical cannabis should be treated like any other prescribed medication – we can support people’s health and wellbeing without punishing them for following their doctor’s advice.”
Greenwich revealed that he also used medical marijuana.
Like many others, I have a prescription for medical marijuana, which helps with my anxiety and insomnia.
According to the letter, more than 300,00 patients who live in New South Wales possess prescriptions.
“… and these people should not be forced to choose between driving on the roads and taking their legally prescribed medicine.”
Cate Faehrmann of the New South Wales Greens introduced the Road Transport Amendment Act (Medicinal Cannabis-Exemptions From Offences). The Bill seeks to protect medical cannabis patients against driving offenses when THC is detected in oral fluids or blood. The bill was first introduced on May 28, 2025 and then had its second hearing. Since that time, there has been no activity.