Experts and MPs Unite to Call for Reform of Cannabis Driving Laws

NSW’s roadside drug testing regime is under renewed scrutiny after a parliamentary forum heard that the current laws unfairly penalise medicinal cannabis patients who are not impaired. The Road to Justice Forum, held at Parliament House on 9 September, brought together legal experts, scientists, patients and parliamentarians to press for urgent reform. The event was hosted by Legalise Cannabis MLC Jeremy Buckingham and Independent MP Alex Greenwich.

At the centre of the debate is a key distinction: while drivers using opioids or benzodiazepines may continue to drive, provided they are not impaired, patients prescribed cannabis face licence suspension if roadside tests detect THC in their saliva—regardless of impairment. As Jeremy put it “Patients should never have to choose between their health and their licence. If you can drive on opioids or benzodiazepines, you shouldn’t lose everything for taking prescribed cannabis”.

Former magistrate and Dean of Law at Southern Cross University, David Heilpern, explained that the Roadside Drug Testing regime was one of the reasons he resigned from the bench in 2021, stating that “So many medicinal cannabis patients were losing their licences that I couldn’t, in good conscience, keep enforcing such an extraordinarily unjust law”.

Following on from David was Veteran Michael James who gave powerful evidence of being fined despite being unimpaired. He described the humiliation of being treated as a criminal for following medical advice, and the toll it took on his ability to work, socialise and care for his family. Michael posed the question, “Would you rather a veteran off his med’s and unstable behind the wheel, or a veteran like myself, calm, aware and safe because of prescribed medical cannabis?”

From a scientific perspective, Professor Iain McGregor, Academic Director of the Lambert Initiative, said the evidence against the current approach was overwhelming, stating “There’s no real scientific justification for the current laws—the link between THC in saliva and impairment is extremely weak”. Local and International comparisons also highlight NSW’s lag. In Tasmania, Germany and the UK, medicinal cannabis patients are permitted to drive provided they are not impaired.

Crash data further undermines the current approach, with NSW figures showing that less than three per cent of fatalities involved THC alone, compared with 27.2 per cent involving alcohol and 10.7 per cent involving methamphetamine.

Closing the forum, Alex Greenwich described legislative change as “low-hanging fruit” from the state’s recent Drug Summit recommendations and confirmed that work was already underway, stating that “This is a common-sense change that will make people’s lives fairer”. Alex also shared that he uses medicinal cannabis to relive insomnia.

The Legalise Cannabis Party has pledged to continue campaigning until NSW’s laws reflect both fairness and science. Watch the full forum here: https://youtu.be/sJZ9VrPF1IU