Tens of thousands of drivers could soon be shielded from losing their licences just for taking prescribed medication, under a new proposal in the country’s most populous state.
Lawmakers are calling for reforms to ensure people legitimately prescribed medicinal marijuana in New South Wales aren’t penalised simply for following their doctor’s advice, with Independent MP Alex Greenwich leading the push.
Speaking to Yahoo News Australia, Greenwich said he wants to see road rules treating “medically supervised cannabis like any prescribed medicine”, with offences focused on “impairment and driving under the influence”.
“The law treats legally prescribed medicinal cannabis like an illicit drug and makes driving with any trace of THC detected an offence that attracts loss of licence and hefty fines, even when the effects have long worn off,” he told Yahoo.
“I am advocating on behalf of the many people who have raised their concerns with me that they are making the tough choice between taking their medication and risking their license or job.”
Lawmakers are calling for reforms to ensure people legitimately prescribed medicinal marijuana aren’t penalised on the road. Source: Getty
What reforms are being proposed in NSW?
Independent MPs Alex Greenwich, Dr Joe McGirr, and Greg Piper have teamed up with Jeremy Buckingham MLC of the Legalise Cannabis Party to push for stronger protections for people prescribed medical cannabis.
The MPs have written to Premier Chris Minns and Regional Roads Minister Jenny Aitchison, calling for patients with a valid prescription to be exempt from penalties if they test positive for THC on a roadside test but are not actually impaired.
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The independents said many patients across NSW currently face a stark choice between taking their medication and keeping their job, or managing their health and being able to see family — a situation they describe as unfair.
“I am hearing from people who have lost their licence and ability to get to work, education, caring duties and medical appointments,” Greenwich said. “I am hearing from people who have stopped taking their medication or replaced it with other prescribed medicine.”
Under the proposed changes, NSW Police would still be able to charge anyone who is driving while impaired. But patients whose THC is simply lingering in their system would no longer risk going to court or losing their licence.
Greenwich, who takes prescribed medicinal cannabis for anxiety and insomnia, appealed in Question Time this week to urge the NSW Government to take action. In response, the government said it is exploring a range of legislative options.
“There would be no change to existing laws that ban driving while impaired by a drug,” he said. “These laws apply regardless of whether a drug is a prescribed medication or illicit. Prescribed medications like opioids and benzodiazepines can have greater impacts on driving, and driving laws manage the risk based on impairment.”
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