The laws surrounding medical cannabis and driving in New South Wales are set for a major overhaul, and for a lot of people, it’s long overdue.

I don’t smoke cannabis and have never had much reason to look into the state’s roadside drug testing laws. I’ve also never been subjected to a roadside drug test by NSW Police. So when local medical cannabis advocate and Legalise Cannabis candidate Andrew Fenwick reached out to discuss the proposed changes, I was genuinely curious.

How does the current system work? Why are prescription holders being caught up in it? And what exactly is changing?

According to Andrew, there are approximately 300,000 medical cannabis patients across NSW. Yet under the current system, a person can test positive for THC and face penalties regardless of whether they are actually impaired.

Think about that for a moment.

In most areas of law, we punish people for being impaired, dangerous, or breaking the rules. But with medical cannabis patients, the mere presence of THC in their system can be enough to cost them their licence, even when there is no evidence they’re unable to drive safely.

The proposed legislation would change that.

Under the draft reforms, prescription medical cannabis patients would no longer automatically lose their licence or receive a fine simply because THC is detected in a roadside saliva test, provided they are under a prescribed threshold.

Patients would reportedly be allowed to exceed that threshold twice within a two-year period without penalty. A third offence would attract a fine and a three-month suspension.

If THC is detected during a roadside drug test, drivers would still face a 24-hour driving ban.

Patienwts would also be required to register through the transport system and complete an online safety course.

The key principle behind the reforms is simple: the presence of THC does not automatically equal impairment.

Andrew argues the changes would finally allow medical cannabis patients to be treated like other prescription medication users — judged on whether they are actually impaired, not simply because traces of a legally prescribed substance remain in their system.

Whether you support cannabis legalisation or not, it raises a question worth asking:

Should someone be treated as a criminal for following their doctor’s advice when there is no evidence they are impaired behind the wheel?

It’s a debate that NSW lawmakers will soon have to answer.

This keeps the focus on the policy rather than your personal history.