Mr GREG PIPER (Lake Macquarie) (19:26): I speak in support of the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026. Just last year I co-sponsored a private member's bill seeking to address this blind spot in the law. Therefore, I support commonsense reform that treats medicinal cannabis users with dignity. I believe the bill strikes a reasonable balance between road safety and the reality that medicinal cannabis is legal and increasingly common, relied on by many to function in their daily lives. The reform, which has been long called for, closes a loophole that leaves users of medicinal cannabis containing THC at risk of being automatically penalised for using their legally prescribed medication. It means the presence offence will not automatically apply to registered medicinal cannabis users.
The bill will require drivers, excluding L‑plate or P-plate drivers and commercial drivers, to enrol as registered users with Transport for NSW, provide their prescription and complete an online education program. If a registered user is stopped at the roadside and THC appears in their system, they are still excluded from driving for 24 hours while their sample is tested. A three-strike system will apply so that they are not punished until a third detection above the maximum threshold within a two-year period. That gives those people the opportunity to talk to their doctor, to their health professional, about safely adjusting their dose and driving behaviour after medicinal use.
The bill does not allow for impaired driving, and rightly so. That is still an offence with serious consequences. Rather, it alters the pathway to a penalty for registered medicinal cannabis users and mandates safeguards, including driver education, a 24-hour driving ban following roadside detection, ongoing monitoring of the scheme, and, sensibly, a review of its operation after 12 months. The exclusion of provisional drivers and commercial drivers from the scheme, as well as those who are not authorised to drive, is another sensible precaution. I acknowledge the concerns around privacy raised by medicinal cannabis users, highlighted by the member for Ballina. They will be required to register with Transport for NSW to access the exemption. I understand that is required to list a driver's exemption on their licence, which can be checked at the roadside rather than going through a separate process, such the courts, to confirm they are a prescribed medical cannabis user.
It is also necessary to enforce mandatory driver education. I call on the Minister to explain in her reply speech how privacy will be protected and respected under the scheme. Some 10 years after cannabis was legalised for medicinal use in this country, we must enact laws that reflect the legality and reality of its use. The bill means that registered medicinal cannabis users will not be penalised for driving unimpaired. They will not be forced to choose between their medicine and mobility. I acknowledge that some members of the House are concerned. I listened closely to the contribution made by the member for Oatley on behalf of the Opposition. I do not dismiss all of their concerns. This is a paradigm change. It is a significant step. But while it seems significant, it is also relatively modest and well considered. The Government has not rushed into this. It was somewhat reluctant to be led by the crossbench in this space. It felt that it would be much better to bring a Government bill, to give the matter a high level of consideration.
The Government has approached this appropriately, with all the right considerations for the welfare of not only medicinal cannabis users but also the broader community. Nobody wants to see loss of life on our roads. This decision has not been made lightly. While I acknowledge the concerns raised by Opposition members, I implore them to understand that we all want to see the best outcome for road safety. We have to balance that with the needs of people in our society who have access to legal forms of medication that address the difficulty of their intractable pain. I also acknowledge the member for Sydney and the Hon. Jeremy Buckingham in the other place for advancing this reform. I particularly acknowledge the Government for its efforts in taking this on and delivering a well-considered and pragmatic bill as a first step to reform in this space.