Rollin’ reform: Mixed reviews for medicinal cannabis road use changes

Drug policy researchers say recently-announced medicinal cannabis reforms are a positive step, however certain details have the potential to cause “significant disruption and harm”.

The local lens: Mid North Coast drivers holding a valid medicinal cannabis prescription will be able to legally drive with a level of tetrahydrocannabinol (THC) in their system under new reforms being introduced by the NSW Government.

THC is the psychoactive compound in cannabis.

Catch up: Currently, those caught driving with THC in their system - whether via prescription or not - face automatic penalties, including licence suspensions and fines.

The government’s reforms would establish a legal threshold for THC.

NSW Premier Chris Minns said the changes strike a “careful balance” between a more practical approach for medicinal cannabis users and the maintenance of strong road safety protections.

Who is eligible?: According to the NSW Government there are an estimated 300,000 medicinal cannabis users across the state. 

• Under the proposed system, drivers will be required to enrol with Transport for NSW (TfNSW), provide proof of prescription and complete an online education program.
  
  Learner and P-plate drivers, as well as commercial drivers, have been excluded from the changes. 

How will it work?: Registered users will still be roadside drug tested, and will receive an immediate 24-hour driving ban if they return a positive result, while the sample is sent for laboratory testing.

If the secondary result shows THC levels below the maximum threshold, there will be no further action.

If the result shows THC at or above the threshold, the driver will receive a warning letter for a first or second detection within two years.

A third detection above the threshold within that period will result in penalties, including a fine of $704 and a minimum three-month licence suspension.

The new system will be reviewed after a year of implementation.

Historic reform: Associate Professor Michael Fitzharris, from the Monash University Accident Research Centre, said setting a “world first” roadside THC limit was a “profound change, analogous to the introduction of the blood alcohol limit”.

• “As planned, a review of the impacts on both road safety and mobility at the 12-month mark will be essential to determine whether any refinements are needed, including to the THC concentration threshold that has been set.” 

Less impressed: Drug policy researcher Rhys Cohen, from the Penington Institute, said the reforms have significant flaws, criticising the proposed suspension of drivers while awaiting results. 

• “The presence of THC in someone’s saliva is not a good indication of whether that person is impaired,” he said.
  
  “There is currently limited evidence to support using the presence or amount of THC in saliva to determine impairment.

  
  “Under the proposed reform, all patients who test positive for any amount of THC will receive a 24-hour suspension despite having done nothing wrong.
  
  “Automatically suspending a patient's license for 24 hours will cause significant disruption and harm.”

Registration worries: Hunter-based cannabis campaigner Andrew Fenwick said the need for registration with TfNSW would be another sticking point for some users.

• “With trust in government and police at all time lows people are genuinely concerned about being targeted by police for ‘random’ testing,” Fenwick said. 

  “People are concerned about their number plate becoming a bullseye for such attention.” 

In response to such concerns, a Transport for NSW spokesperson said:  

• “Registering with Transport will be voluntary but will be the only way that a driver who uses medical cannabis could benefit from the new approach. 

  “Registration status will be recorded on a driver’s licence record and their digital driver licence. License plates will not be linked.

  
  “Transport has commenced discussion with the NSW Privacy Commissioner as part of developing the law and processes for the reform.”

Some change is better than none: Bonny Hills resident Miles Hunt, a policy officer and former Senate candidate for the Legalise Cannabis Party (LCP), said while not perfect, the reforms would reduce fears for medicinal cannabis users on the road. 

• “It is an acceptance that the current test is a test for presence, not impairment,” he said.
  
  “There is acknowledgement of that by setting a limit and trying to take into consideration the levels of THC in the system.
  
  “We'll need to see how that test develops, but certainly it’s a positive step for medicinal cannabis users who can't drive at the moment and may be able to drive now (in the future).”

Image credit: 7 News.