Crakanthorp backs medicinal cannabis driving law reform

4 June 2026

tim-crakanthorp-supports-medicinal-cannabis-reform

newy.com.au – Newcastle MP Tim Crakanthorp has backed NSW Government plans to change drug-driving laws for people using lawfully prescribed medicinal cannabis, saying the reforms balance road safety with the needs of patients.

The State Government will introduce legislation to Parliament to create a new system for drivers prescribed medicinal cannabis containing THC. Under the proposal, those drivers would no longer be automatically penalised under the current drug presence offence framework in certain circumstances.

Mr Crakanthorp, the Member for Newcastle, has previously supported drug reform, including the Public Health (Medicinal Cannabis) Bill 2017, and attended the 2024 NSW Drug Summit, where he encouraged community contributions. He has also publicly supported medicinal cannabis in a similar vein to former Newcastle MP Bryce Gaudry.

“Many people in NSW and Newcastle rely on medicinal cannabis to live with dignity and without pain, including the former Member for Newcastle, the late Bryce Gaudry, who used cannabis oil to minimise the symptoms and pain of pancreatic cancer,” Mr Crakanthorp said.

“This is an important, common-sense reform that balances road safety and respects medicinal cannabis users.”

The Government says there are about one million medicinal cannabis users in Australia, with up to a third estimated to be in NSW. It says the number of cannabis medicines dispensed each month in NSW almost doubled over a 12-month period.

To be eligible for the proposed system, drivers would need to enrol with Transport for NSW as registered medicinal cannabis users, provide proof of a valid prescription and complete an online education program about cannabis and driving safety. The changes would apply only to NSW drivers on unrestricted licences, excluding learner and provisional drivers as well as commercial drivers.

Registered medicinal cannabis users would still be subject to roadside drug testing. If a driver returned a positive roadside test, they would receive an immediate 24-hour driving ban while the sample was sent for laboratory testing.

If the laboratory result showed THC below the maximum threshold, there would be no charge or further action. If THC was at or above the threshold, the driver would receive a warning letter for a first or second detection within two years, allowing time to adjust dose and driving behaviour after using the medicine. A third detection above the threshold within that period would lead to penalties, including a $704 fine and a minimum three-month licence suspension.

The safeguards would not protect drivers found to have alcohol present, multiple illicit drugs, or any drug other than THC, who would face the standard drug-driving offence. Registered users would also remain subject to post-crash blood and urine testing after serious crashes and could still face serious charges if found to be driving while impaired.

Minister for Police and Counter-terrorism Yasmin Catley said road safety remained the priority.

“Road safety remains the number one priority and these reforms do not change the ability of NSW Police to take dangerous drivers off our roads,” Ms Catley said.

Minister for Roads Jenny Aitchison said the change did not give anyone permission to drive while affected by cannabis or any other drug. The new system will be reviewed after one year of implementation, in line with recommendations from the Drug Summit.

State member for Wallsend Sonia Hornery also voice her support for the changes, she added “This is sensible reform aimed at fairness and I thank all of my constituents who wrote to me or spoke to me about this matter.”