Proposed reforms could protect NSW medicinal cannabis users from DUI prosecutions 

Medicinal cannabis patients in NSW may no longer face prosecution for positive roadside drug tests, under a proposed law by upper house MP Jeremy Buckingham. 

Driving with any trace of THC, a psychoactive component of cannabis, is prohibited in NSW, even with a prescription. THC can be detected in roadside tests long after its effects have worn off. 

The proposed change will allow NSW medicinal cannabis patients using prescribed THC as directed to legally defend positive drug test outcomes, provided they drive unimpaired. This approach aligns with how other legal medications are treated, and would offer relief to patients who risk losing their license for taking their treatment. 

Tasmania is the only Australian state with a medical defence for driving with prescribed THC. The Victorian government may start trialling allowing a small number of medicinal cannabis users to drive.

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