NSW Legal Defence for Drivers with Prescribed THC in Their System

Road Transport Amendment (Medicinal Cannabis) Bill 2023

Private Member's Bill

2 Aug 2023: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Council

Legislative Assembly

Assent

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Topics

drug driving drug testing road safety THC

Introduced by: Jeremy Buckingham MLC (LCP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Drivers can avoid conviction for having illicit drugs in their system if the only drug present is THC.
The driver must prove the THC was obtained and used according to pharmacy and therapeutic goods laws.
This defence applies to THC found in oral fluid; blood; or urine.
The new defence applies retroactively to THC present before the law started.

News articles and press releases

Road Transport Amendment (Medicinal Cannabis) Bill 2023

The Hon. JEREMY BUCKINGHAM — 2023-08-02

The bill solves the issue and creates a defence for users of medicinal cannabis. The defence is available if THC is the only drug present, and the THC was obtained and administered according to the Poisons and Therapeutic Goods Act 1966. It inserts and mirrors exactly the same defence that users of morphine have under that Act.