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Medical Cannabis Driving Defence Bill For NSW

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Credit: Getty Images

Sydney MP Alex Greenwich has introduced a bill in the Australian state New South Wales for fairer laws on driving for medical marijuana users.

As in other Australian states as well, New South Wales does not allow drivers to drive with a detectable THC, regardless of whether medical cannabis was prescribed or accessed legally. THC is detectable up to a week after the last time it was consumed. The current driving laws are therefore ineffective in allowing patients who use medical cannabis to drive, as CBD products can contain trace amounts of THC.

According to The NSW Government

Roadside drug testing is conducted in Australia to detect THC in the saliva. Driving in NSW is a crime if there’s THC detected in blood, saliva, or urine. These offences are not covered by medical defense.
The Road Transport Act 2013 of NSW (NSW), for the use a cannabis medication prescribed. Patients who commit these crimes may be subject to insurance consequences.

Alex Greenwich is adamant that the law should change. Jeremy Buckingham, of Legalise Cannabis Party and Alex Greenwich teamed up to work on reforms in September.

After six months, drivers won’t be penalized if they can prove that THC was used lawfully (e.g. prescriptions) and that the police officer believes that there are no reasonable grounds to believe that they drove under the influences of THC.

On Tuesday, Mr Greenwich introduced a bill in the NSW Parliament to amend the Road Transport Amendment Medicinal Cannabis Bill. The full text was not available when this article went live but will be accessible here.

John Ruddick MLC is the bill’s sponsor, along with Roy Butler MP for Barwon (Member), Judy Hannan Mp for Wollondilly (Member), Joe McGirr for Wagga Wagga (Member), and Greg Piper Mp for Lake Macquarie.

Mr Greenwich, a patient of medical cannabis who treats post-traumatic anxiety disorder (PTSD), has revealed that he is one.

The bill is not the only one of this nature that has been presented in NSW’s Parliament during 2018.

Cate Faehrmann, NSW Greens MLC, introduced in May 2025 the Road Transport Amendment Bill (Medicinal Cannabis-Exemptions From Offences). The Bill’s purpose is to exempt medical marijuana patients from driving offenses where THC can be detected, but not driver impairment. Full text of Amendment can be viewed here.

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