New South Wales’ state legislature recently presented a bill that seeks to eliminate driving discrimination for patients using medical cannabis responsibly and legally.
THC can be found in traces even when used as a medicinal product. It can still be detected in saliva up to several weeks after its effects are gone.
As in other Australian territories and states, New South Wales also charges drivers and takes away their driving licence for such detections, regardless of whether they are impaired or not. This is true even if the driver has taken medication legally prescribed and as per their doctor’s instructions.
This is forcing many medical cannabis patients to make a difficult choice – forgo their medication and suffer so they can drive (which can also impact their driving ability), stop driving and risk employment and social isolation, or take the risk knowing they could be prosecuted.
New South Wales Greens MLC Cate Faehrmann recently introduced the Road Transport Amendment (Medicinal Cannabis-Exemptions from Offences) Bill 2025 to the state’s parliament
Commenting on Bills the Day they are Tabled Ms. Faehrmann said:
No one should be charged with a crime for taking their medicine as prescribed and driving without any impairment. “Today, I proudly speak about my proposed bill to give medical cannabis patients an excuse for not being impaired by drugs when driving.”
This is not the purpose of the Bill The purpose of this bill is to protect users of prescribed medicinal cannabis against the criminal charges relating driving when an illegal drug has been found in the person’s blood, oral fluid or urine.
In her second reading speech In relation to the Bill, Faehrmann pointed out that the UK, New Zealand and Germany offer a legal defence for drivers who test positive for THC if they are not impaired by alcohol and have a valid prescription. Tasmania, Australia has had this defence since nine years.
A medical defense for drivers who use cannabis legally prescribed was also recommended by the NSW Drug Summit. This included the option of a police officer at the roadside or court assessing the defence.
“… this issue has been well and truly examined by experts, and the ball is now in the Government’s court to act.”
Since years, Ms. Faehrmann is a proponent of reforming the law in California relating to medical marijuana and driving.