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NSW Plans Legal Exemption for Prescribed Medicinal Cannabis Drivers

The government says the reforms will let prescribed users drive legally under a new registration scheme with a 50 ng/mL laboratory THC threshold.

Overview

  • The Minns government announced on Thursday it will introduce a bill that stops automatic penalties for registered motorists who test positive to THC if a lab result shows less than 50 nanograms per millilitre.
  • Under the proposal, eligible drivers must register with Transport for NSW, show proof of a valid prescription, complete an online education course, and still face an immediate 24-hour roadside ban while samples are sent for lab testing.
  • A three-strike system will issue warning letters for first and second detections at or above 50 ng/mL within two years, with a $704 fine and a minimum three-month licence suspension on a third detection.
  • Opposition politicians and road-safety groups warn there is no scientific consensus on a safe THC impairment threshold and question policing and testing logistics, while supporters say the change restores mobility for patients.
  • The reform applies only to unrestricted licences, keeps standard testing and penalties for serious crashes or alcohol and other drugs, will be reviewed one year after implementation, and responds to rapid growth in medicinal cannabis use in NSW.