The criminal offence of Drug Driving can lead to serious repercussions. Criminal Lawyers Group have been nationally recognised as the number one criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of Drug Driving.
This article will explore the NSW Government’s proposed changes to Drug Driving laws in NSW.
If you or anyone you know have been accused or charged with the criminal offence of Drug Driving, contact our award-winning team of expert traffic lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CURRENT CRIMINAL OFFENCE OF DRUG DRIVING?
Section 111 of the Road Transport Act 2013 (NSW) constitutes it a criminal offence for a person to, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug:
- drive a motor vehicle, or
- occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)–occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
WHAT IS CURRENTLY A PRESCRIBED ILLICIT DRUG?
A Prescribed Illicit Drug is defined by the Road Transport Act 2013 (NSW) as any of the following:
- delta-9-tetrahydrocannabinol (also known as THC),
- methylamphetamine (also known as speed),
- 3,4-methylenedioxymethylamphetamine (also known as ecstasy),
The presence of THC is still considered illicit for the purposes of Drug Driving even if the presence of the THC was the result of lawfully prescribed medicinal cannabis. This fact is the subject of the NSW Government’s proposed changes, which are explored further below.
WHAT IS THE CURRENT PENALTY FOR THE CRIMINAL OFFENCE OF DRUG DRIVING?
The maximum penalty for driving with the presence of prescribed illicit drugs, pursuant to Section 111 of the Road Transport Act 2013 (NSW), is a fine of $2200 for a first offence, or $3300 in the case of a second or subsequent offence.
A conviction of Drug Driving also results in a disqualification of the offender’s Driver Licence, with Section 205 of the Road Transport Act 2013 (NSW) prescribing an automatic Driver Licence disqualification period of 6 months, with a minimum disqualification period of 3 months. If the offender had been convicted of a major driving offence within the previous 5 years, the automatic disqualification period is increased to 12 months, with a minimum of 6 months.
WHAT ARE THE PROPOSED CHANGES?
The NSW Minns Labor Government plans to introduce legislation to reform the Drug Driving laws and create what the Government refers to as a more commonsense approach for people using lawfully prescribed medicinal cannabis.
The reforms will ensure that under certain circumstances, it will no longer be an offence for motorists to drive whilst having a presence of THC from prescribed medicinal cannabis below a certain threshold.
To be eligible for the new system, registered medicinal cannabis users will be required to enrol with Transport for NSW, complete an online education program about cannabis and driving safety and provide proof of a valid prescription.
If the registered medicinal cannabis users return a positive roadside test, they will be subject to an immediate 24-hour driving ban while the sample is sent for laboratory testing. If the lab results return a THC result below the maximum threshold, there will be no further action.
If the lab results return a THC result above the maximum threshold, the motorist will receive a warning. A second breach within two years will result in a second warning. A third breach within two years will result in a charge, with penalties that include a fine of $704 and a licence suspension for a minimum period of three months.
The Premier of NSW Chris Minns MP attempted to ease concerns of an increased risk to motorists and pedestrians, stating that “These changes strike a careful balance of providing a more practical approach for medicinal cannabis users while maintaining strong road safety protections for the community.”
LIBERALS AND STAKEHOLDERS OPPOSED TO REFORM
The NSW Minns Labor Government’s proposed changes to Drug Driving laws have been staunchly opposed by the Liberal and Nationals Opposition and other stakeholders, who have raised concerns about the effect of the proposed reform on the safety of motorists and pedestrians.
The Liberals argue that Drug Driving is a major contributor to road accidents and that there is no universally accepted roadside test that can accurately measure real-time THC impairment in the same way alcohol impairment can be measured.
A letter co-signed by heads of trauma in major NSW hospitals, as well as other specialists, states that the reform is not supported by medical evidence and should be withdrawn.
The letter was seized upon by the Liberals, with NSW Opposition Leader Kellie Sloane MP stating, “When experts are warning that this policy could cost lives, pressing ahead regardless would be an extraordinary act of recklessness.”
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of Drug Driving, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of traffic law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of Drug Driving.