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Australia: World-first for drivers who use medicinal cannabis Kat Wong and Farid Farid The Canberra Times Thursday 04 Jun 2026 It had been more than 12 hours since he took his prescription medicine and its effects had long dissipated, but he was still fined. "The embarrassment that I felt was incredible," he told reporters on Thursday. "I'm an ex-military policeman, I obey the law, I was taking a prescribed medication from my doctor for injuries that I've received in service to this country." But Mr James, alongside 300,000 other medicinal cannabis users, will be able to take the wheel without fear of losing his licence under a world-first program that will transform NSW's drug driving laws. Under current laws, those who test positive to two roadside oral fluid tests can be slapped with a 24-hour driving prohibition, forcing many to abandon their cars and find alternate ways home, which can be particularly difficult for those in regional areas. For heavy cannabis users, THC (tetrahydrocannabinol) can be detected in saliva for up to three days after abstinence, according to a 2021 article published in the Australian Journal of General Practice. Under the proposed scheme, drivers with unrestricted licences would have to enrol as a registered medicinal cannabis user with Transport for NSW, provide proof of their prescription, and complete an online education program about cannabis and driving safety. From there, registered medicinal cannabis patients who return a roadside THC result below 50 ng/mL will be allowed to continue driving. Registered patients will also avoid the automatic licence suspensions that arise when THC is detected and most matters will no longer need to be dealt with through the courts. "This is incredible, it removes the anxiety," Mr James said. A three-strike system will also be enforced if a reading is higher, with warnings given twice before the imposition of a fine of $704 and a minimum three-month licence suspension. Premier Chris Minns said the changes were a "common-sense" approach that balanced fairness with road safety. "Medicinal cannabis users in New South Wales are not criminals," he said. Andrew Johns says he has always been anxious about being tested for cannabis. (Dean Lewins/AAP PHOTOS) Andrew Johns says he has always been anxious about being tested for cannabis. (Dean Lewins/AAP PHOTOS) For rugby league legend Andrew Johns, medicinal cannabis has been a game-changer for managing his epilepsy and other health issues. Advertisement Ad He joked he did not want another drug-related scandal like when he was found with an ecstasy tablet during a 2007 arrest for fare evasion in the London Underground. "I've always had the anxiety of being pulled over and going positive for cannabis," he said. "I've got a young family, that's all I need: another scandal being on the front page of the paper." But the changes have prompted safety concerns from the NRMA and NSW Opposition Leader Kellie Sloane. "We sympathise with people because we know it is a quality of life issue we have to solve for them to be able to get around but we don't feel this is the right approach," NRMA spokesperson Peter Khoury said. But Mr Minns maintained the proposed threshold would prevent those moderately impacted by cannabis from driving. Unrestricted licence drivers will be required to register as a medicinal cannabis user. (Steven Markham/AAP PHOTOS) Monash University accident research centre expert Michael Fitzharris backed the reforms. "Being a world first in setting a roadside THC limit, this is a profound change analogous to the introduction of the blood alcohol limit," he said. The government says the built in safeguards are critical to ensuring police can continue to respond strongly to any dangerous driving behaviour. The bill has also received support from independent MP Alex Greenwich, who takes cannabis gummies, and Legalise Cannabis NSW Party MP Jeremy Buckingham. In Victoria, a world-first trial is under way to evaluate the effects of THC-prescribed medicinal cannabis on the driving performance of patients within a controlled-track environment. Since March 2025, Victorian motorists who have medical cannabis in their system but are not impaired by the drug have not faced automatic driving bans. https://www.canberratimes.com.au/story/9283620/world-first-for-drivers-who-use-medicinal-cannabis/
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