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Can Medicinal Cannabis users be charged with driving offences …

Over recent years the NSW Government has legalised the sale and use of Medicinal Cannabis.  Supporters of these changes believe this is an important step forward for Australia and for NSW, with thousands of people now able to legally obtain Medicinal Cannabis to use for their medical conditions as approved by the Australian Therapeutic Goods Administration, including for such medical conditions as:

  • Chronic Pain
  • Anxiety
  • Depression
  • Neuropathic Pain
  • Multiple Sclerosis
  • PTSD
  • Migraines
  • Cancer Pain
  • Palliative Care
  • Fibromyalgia
  • Inflammatory Bowel Disease
  • Epilepsy
  • Neurological Conditions
  • Chronic Insomnia
  • Nausea
  • Arthritis
  • Crohn’s Disease
  • Chronic Illness

Users of medicinal cannabis have been able to obtain legal pain relief via a Doctor’s prescription and to have a better quality of life.  However, the NSW Government has been criticised in some quarters for are still fining and charging with criminal offences, some medicinal cannabis users who return positive Roadside Drug Tests.

As a result, former NSW Magistrate and Adjunct Professor, Mr David Heilpern, is heading up The Cannabis Law Reform Alliance to steer its first campaign called “Drive Change“, and is calling for a legal defence for drivers who test positive for the presence of legally prescribed medicinal cannabis when:

  1. The driver has a valid doctor’s prescription for a medicine containing THC;
  2. The offence does not involve dangerous or reckless driving; and
  3. An officer cannot establish driver impairment.

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