Push to change rules for driving while taking medicinal cannabis | 7.30

Key Concepts

• Medical Cannabis: Cannabis prescribed for therapeutic purposes.
• THC (Delta-9-tetrahydrocannabinol): The psychoactive compound in cannabis that can cause impairment.
• Roadside Drug Testing: Tests used by police to detect the presence of drugs in drivers' systems.
• Zero Tolerance Approach: A legal stance where any detectable amount of a drug in a driver's system leads to an offense.
• Impairment: The state of being mentally or physically unable to perform a task safely, such as driving.
• Driving Simulator: A tool used in research to assess driving performance under various conditions.
• Oral Fluid Testing: A type of drug test that detects the presence of drugs in saliva.

Medical Cannabis and Driving Restrictions in New South Wales

This summary details the challenges faced by individuals in New South Wales (NSW) who are prescribed medical cannabis containing THC and are subsequently prohibited from driving due to drug testing laws. The core issue revolves around the conflict between pain management through prescribed medication and the legal ramifications of having THC in one's system while driving.

Michael James's Dilemma

• Patient Profile: Michael James, an army veteran living on the outskirts of Young, NSW, experiences significant pain due to a right ankle reconstruction, right knee replacement, bulging discs in his back, nerve damage, sleep problems, depression, and post-traumatic stress disorder (PTSD).
• Prescribed Medication: He is prescribed medical cannabis, which he takes in the form of ground cannabis flower and oil. He states, "If I take my medication, that's it. I'm I can't drive."
• Effectiveness and Side Effects: Michael confirms that the medication "works" and provides him with pain relief, despite finding the method of consumption "horrible."
• Legal Conflict: In NSW, it is an offense to drive with THC in one's system. Michael states, "I'm going to test positive for 3 or 4 days after having my medication. So, it really doesn't matter whether I'm sober or not. I'm guilty. Um, just by taking control of a car."
• Personal Experience: Michael recounts being pulled over by NSW Police and testing positive for THC, even though he had not taken his medical cannabis for over 12 hours and felt "totally sober." He emphasizes, "I had not had my THC, the the medical cannabis, for over 12 hours when I was tested. I was totally sober."

The Drug Summit and Government Response

• Key Recommendation: A drug summit held by the NSW state government nearly a year prior identified changing the law to allow drivers using medically prescribed cannabis to drive when unimpaired as a key recommendation.
• Government Decision Pending: The government's response to these recommendations is expected by the end of the year, indicating an impending decision on potential reforms.
• Advocacy for Change: Proponents argue that medical cannabis should be treated "like every other prescription drug" and that the situation requires "fairness and compassion, and it requires urgent action."
• Balancing Act: The government acknowledges the difficulties faced by patients unable to drive due to prescribed cannabis containing THC. However, they also stress the importance of "balancing support for people who are benefiting from this medically uh prescribed cannabis and community road safety."

Opposition to Law Changes

• NRMA's Stance: The NRMA (National Roads and Motorists' Association) urges the government to maintain its "zero tolerance approach" to THC in drivers' systems, stating, "We don't believe the current rule should change. Um we just don't believe we know enough yet."
• Data on Fatal Crashes: Transport for NSW figures indicate that between 2019 and 2023, 8% of all fatal crashes involved a driver or rider with THC in their system and no other drugs.
• Critique of Data: A significant caveat to this statistic is that "that number does not distinguish between who was at fault."
• Challenge of Measuring Impairment: Public road safety experts and police are apprehensive about changing the law without a reliable method to measure impairment. As one expert notes, "So short of being able to measure impairment. And I think that's one of the challenges that we have, I think most public road safety experts um and the police um would be apprehensive about going down this path."

Jurisdictional Comparisons and Research

• Tasmania: Currently, Tasmania is the only Australian state or territory with a medical exemption for driving with THC in the system.
• Victoria: This year, Victoria abolished automatic driving bans for medicinal cannabis patients caught driving with the drug in their system.
• Driving Simulator Research: Danielle McCartney from the University of Sydney uses a driving simulator to study the effects of various drugs, including cannabinoids, on driving performance.
  • Focus: The research examines "deviation from the center line" as a key indicator of impairment, measuring "how much lateral movement the vehicle makes."
  • THC and Impairment: While THC affects cognitive function and driving, McCartney states that the "amount of THC in a driver's system is a poor indicator of impairment."
  • Variability in Testing: She explains that "one individual might go from having recently used cannabis to having no THC in oral fluid um you know within hours and someone else might still test positive sometime later." This makes it difficult to advise patients on how long to wait to drive safely.
• Expert Opinion on Impairment Detection: Wayne Hall from the University of Queensland, a long-time cannabis researcher, notes that it is "hard to tell whether someone is safe to drive based on their demeanor alone." He adds that "even highly skilled and well-trained operators find it hard to detect the impairment at the roadside."
• Concerns about Prescription Abuse: Hall expresses concern that individuals might obtain medical cannabis prescriptions to evade police scrutiny, stating, "It's very easy under the current system for people to obtain medical prescription for cannabis and it would create incentive for people to be carrying those sorts of prescriptions regardless of whether they were using medical cannabis or not." He clarifies, "I'm not saying people should get on medical cannabis and go and drive. That's not what I'm saying at all. People still need to be safe."

Impact on Independence and Livelihood

• Lack of Public Transport: Michael highlights the severe lack of public transport in Young, stating, "We're in Young. There's no public transport here. There's there's no buses. There's no trains."
• Financial Strain: As a recipient of a pension from the Department of Veterans Affairs, Michael cannot afford daily taxi fares to town, saying, "I'm on a pension from the Department of Veterans Affairs and you know, it covers bills. I can't afford to get a cab to town every day."
• Loss of Independence: The inability to drive has "robbed me of my independence."
• Broader Issue: Michael emphasizes that this is not an isolated problem, but affects "thousands and thousands of people that need help."
• Desire for Normalcy: The core desire of these individuals is to "manage their pain without feeling like they're doing something wrong."

Synthesis and Conclusion

The transcript presents a critical conflict between the legal framework surrounding THC in NSW and the needs of patients prescribed medical cannabis for pain management. Michael James's personal story exemplifies the profound impact of current laws, which criminalize drivers with THC in their system regardless of actual impairment. While research suggests that THC presence alone is an unreliable indicator of driving impairment and that detecting impairment at the roadside is challenging, organizations like the NRMA advocate for maintaining a zero-tolerance policy due to road safety concerns. The NSW government is currently considering reforms, with potential decisions to be made by year-end. The situation highlights the urgent need for a nuanced approach that balances patient well-being and independence with public safety, potentially by adopting impairment-based testing rather than a blanket prohibition based on THC presence. The experiences of individuals like Michael underscore the significant personal and financial costs associated with current legislation.