The Legal Light Justin Stack The law on driving and medicinal cannabis Drug driving is now the second most common cause of road fatalities in NSW, more than fatigue, drink driving and failure to wear a seat belt. The leading cause of road fatalities is speed. in 2024 the road toll in NSW was 340. Of this number, 79 people lost their lives in drug-related vehicle crashes. In nearly 70 per cent of drug driving-related crashes, cannabis was detected in the driver's system. The NRMA calls for increased roadside testing for drugs, just as there is for drink driving. Few would disagree with that, along with increased measures to stop people getting behind a wheel if they have drunk alcohol or taken drugs. However, there are increasing numbers of people who are taking medicinal cannabis to relieve chronic pain and illness, who risk being caught up in police actions targeting drug driving. Medicinal cannabis became legal in Australia in 2016 and since then an estimated 700,000 approvals have been given for patients to receive medicinal cannabis to relieve chronic pain. Lawyer Christopher Morris at Stacks Law Firm says the current law in NSW makes it illegal for patients taking cannabis medicine which contains delta-9-tetrahydrocannabinol (THC) to drive a vehicle. "This is because THC can affect the cognitive and motor skills necessary for safe driving, which will impact attention, judgement, memory, vision and coordination," Mr Morris said. "But patients taking cannabidiol (CBD) cannabis medicines can lawfully drive if they are not impaired by other factors such as drowsiness, fatigue and lowered blood pressure." Mr Morris warns that you can be fined or lose your driving licence if police find traces of THC in your system, even if your driving was not impaired. Almost 14,000 drivers were charged for drug driving in 2023, and the numbers are soaring every year. "It is well worth getting legal advice, rather than simply paying a drug driving fine, because courts have shown an understanding that someone who took medicinal cannabis for health reasons is not in the same category as someone who consumes it for pleasure. "A country magistrate found a driver not guilty of driving with THC in his system because he had waited nine days after smoking cannabis before driving. "Police had advised him that THC traces normally disappear a week after smoking, but testing devices are now so sensitive, they can pick up traces of drugs taken weeks earlier. The tests should be focusing on driving impairment, not on finding tiny trace levels which may not impair driving." STACKS LAW FIRM Justin Stack Compensation Specialist No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack The law on driving and medicinal cannabis Drug driving is now the second most common cause of road fatalities in NSW , more than fatigue , drink driving and failure to wear a seat belt . The leading cause of road fatalities is speed . in 2024 the road toll in NSW was 340. Of this number , 79 people lost their lives in drug - related vehicle crashes . In nearly 70 per cent of drug driving - related crashes , cannabis was detected in the driver's system . The NRMA calls for increased roadside testing for drugs , just as there is for drink driving . Few would disagree with that , along with increased measures to stop people getting behind a wheel if they have drunk alcohol or taken drugs . However , there are increasing numbers of people who are taking medicinal cannabis to relieve chronic pain and illness , who risk being caught up in police actions targeting drug driving . Medicinal cannabis became legal in Australia in 2016 and since then an estimated 700,000 approvals have been given for patients to receive medicinal cannabis to relieve chronic pain . Lawyer Christopher Morris at Stacks Law Firm says the current law in NSW makes it illegal for patients taking cannabis medicine which contains delta - 9 - tetrahydrocannabinol ( THC ) to drive a vehicle . " This is because THC can affect the cognitive and motor skills necessary for safe driving , which will impact attention , judgement , memory , vision and coordination , " Mr Morris said . " But patients taking cannabidiol ( CBD ) cannabis medicines can lawfully drive if they are not impaired by other factors such as drowsiness , fatigue and lowered blood pressure . " Mr Morris warns that you can be fined or lose your driving licence if police find traces of THC in your system , even if your driving was not impaired . Almost 14,000 drivers were charged for drug driving in 2023 , and the numbers are soaring every year . " It is well worth getting legal advice , rather than simply paying a drug driving fine , because courts have shown an understanding that someone who took medicinal cannabis for health reasons is not in the same category as someone who consumes it for pleasure . " A country magistrate found a driver not guilty of driving with THC in his system because he had waited nine days after smoking cannabis before driving . " Police had advised him that THC traces normally disappear a week after smoking , but testing devices are now so sensitive , they can pick up traces of drugs taken weeks earlier . The tests should be focusing on driving impairment , not on finding tiny trace levels which may not impair driving . " STACKS LAW FIRM Justin Stack Compensation Specialist No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life