‘Reckless policy’: NRMA and Coalition slam medicinal cannabis driving reform

The NSW Coalition will oppose the Minns government’s plans to implement a three-strike system for medicinal cannabis users, arguing the policy is “premature” and unsupported by sound evidence.

“A child injured or killed as a result of the actions of a drug driver does not get three chances,” Opposition Leader Kellie Sloane said.

On Thursday, the state government announced the biggest overhaul of road safety laws since the introduction of roadside breath testing in 1982.

Under the yet-to-be-introduced legislation, drivers with lawful cannabis prescriptions who returned a positive roadside result for THC would be banned from driving for 24 hours while their sample is analysed. The maximum concentration level is 50 nanograms per millilitre.

The driver would receive two warnings, and a third infringement within a two-year period incurs a minimum three-month licence suspension and a $704 fine. The medical defence will only apply to unrestricted licences; learners, provisional and commercial drivers will be excluded.

As he announced the reform, Premier Chris Minns underscored the more than 300,000 people with cannabis prescriptions who lived in NSW, saying the existence of trace elements in someone’s system did not mean they were impaired.

“The reason for the change … in NSW is that medicinal cannabis users … are not criminals. This is a legal substance. They’ve gone to a doctor to get a prescription because they’ve got an ailment or pain, and we don’t think the legal system has kept pace with that change,” he said.

“We know that there’s opposition to this reform. We haven’t embarked on it lightly. It is a novel change to the law.”

But Minns appeared confused about the details of his own policy, claiming at one point the strike system would not apply for users who returned a test result between 50 ng/mL and 100 ng/mL, with warnings only applying above the latter threshold.

“If you’re between 50 and 100 there’s no further penalty; there’s no further interaction with NSW authorities. If you’re above that, then you will get a letter,” he said.

But a summary of the legislation provided by Sydney MP Alex Greenwich shows the only specified concentration in the government’s bill is 50 ng/mL.

Minns said while person dependent, 50 ngl/ml of THC would still be likely to affect someone’s judgement, hence the 24-hour no driving requirement. That level indicated a person had consumed cannabis in the last two to three hours, the premier said, referencing Monash University research.

Sloane announced the Coalition would oppose the reform, saying there was no scien