New South Wales premier Chris Minns today said the state government will draft legislation for changes to roadside drug testing for medicinal cannabis users – but what that will entail remains unclear.
He told a budgets estimate hearing that while it would not support a private members bill tabled last November by independent MP Alex Greenwich, Labor was “actively considering a change in the policy” and would draft its own legislation.
He gave no timeframe, or indication of what the legislation might look like.

“I think the latest information I had is there were a million [medicinal cannabis] prescriptions in NSW,” the premier said. “My understanding is the former premier of NSW Mike Baird was a big driver of accessing medicinal cannabis.
“But as a result of those changes, we’re seeing hundreds of thousands of people accessing it as a legitimate health alternative to even more powerful drugs, and we think we need a fit-for-purpose regime on New South Wales roads so that we’re not disenfranchising people, particularly in regional communities, from driving.
“We will draft our own legislation… we’re actively considering a change in the policy.”
Greenwich heralded the move as positive news for thousands of patients “who have been unfairly punished for using a lawfully prescribed medicine”.
“Now we can continue to support people’s health and wellbeing without the risk of them being taken off the road,” he said.
“As someone prescribed medicinal cannabis for anxiety and insomnia, I share this relief with the thousands of patients living in New South Wales who have reported having a script for medicinal cannabis.”
He added: “Allowing medicinal cannabis patients who are not impaired to drive gives them the flexibility to drive to work or care for their loved ones, instead of forcing a choice between taking the medication or driving.
“There’s been enough debate about changing the law. The time for doing something is now and that action will make a huge difference to the lives of people who are prescribed medicinal cannabis.”
Legalise Cannabis Party MP Jeremy Buckingham, who has been campaigning for reform for years, described the Premier’s comments as “acknowledgement the state’s medicinal cannabis driving laws are not fit for purpose and that legislated reform is needed”.
“We stand ready to work towards new laws that protect road safety and ensure the hundreds of thousands of people who use medicinal cannabis are not discriminated against,” he said.
Reform to the current laws, which make it an offence for drivers to have even traces of THC in their system, were backed by the NSW Drug Summit which last year urged the government to make updating legislation a “priority”.
Minns’ position appears to have shifted from the government’s formal response to the Drug Summit recommendations in October, when it resisted calls to introduced a defence for legitimate prescription holders.
