Medical Marijuanas NSW Driving is the act of driving under the influence of marijuana. Driving under the influence of marijuana is a serious drug driving offence in Australia. It is illegal to drive with any amount of tetrahydrocannabinol (THC) – the psychoactive compound in marijuana – in your system. This applies to both recreational and medicinal cannabis users.
Driving under the influence of marijuana is a serious offence in Australia. Cannabis use can impair driving ability and cognitive and motor skills. It can also increase the risk of accidents, making it a significant public safety concern. In this article, we will discuss the legal implications of medical marijuanas and NSW driving.
What Is Marijuana and Why Do People Use It?
Marijuana, also known as cannabis, is a plant that has been used for centuries for both recreational and medicinal purposes. It was once an illicit drug, however it has been widely used as a medical treatment. It contains various chemical compounds, called cannabinoids, which have a variety of effects on the body. There are two types of cannabinoids which are:
1. Tetrahydrocannabinol (THC): This is responsible for the psychoactive effects of marijuana, such as the feeling of “being high.” THC is a medicinal cannabinoid found in many legal medical cannabis prescriptions. While safe to use as directed by your doctor, it can lead to intoxicating effects in some doses.
2. Cannabidiol (CBD): This does not have psychoactive effects and is thought to be responsible for many of the medical benefits of marijuana.
Some properties of medical cannabis include:
- Pain relief: Marijuana can be used to relieve pain from a variety of conditions, including chronic pain, cancer pain, and nerve pain.
- Nausea and vomiting control: Marijuana can be used to control nausea and vomiting caused by chemotherapy, AIDS, and other conditions.
- Appetite stimulation: Marijuana can be used to stimulate appetite in people with cancer, AIDS, and other conditions that can cause weight loss.
- Muscle relaxation: Marijuana can be used to relax muscles and relieve spasms in people with multiple sclerosis, Parkinson’s disease, and other conditions of medical cannabis users.
- Anxiety and depression relief: Marijuana can be used to relieve anxiety and depression in some people.
Therapeutic THC doses are typically in the range of 5–20 mg, while CBD doses tend to be higher (e.g., 50–1500 mg). THC causes impairment for anywhere between two and eight hours but can show up in roadside drug tests for up to three days.
Medical Marijuanas NSW Driving: Why Is It Illegal?
While marijuana has a number of potential medical benefits, it is important to note that it can also impair driving ability. THC, the psychoactive component in marijuana, can impair reaction time, judgment, and coordination. This can make it difficult to safely operate a motor vehicle. Even small amounts of THC can impair driving ability.
Let’s highlight a study in this article about medical marijuanas NSW driving. This study examined 559 cannabis-related deaths that occurred between 2000 and 2018. The leading cause of death was accidental injury (30%), followed by suicide (25%) and poly-substance toxicity (17%).
The study also found that people who died in cannabis-related motor vehicle accidents were more likely to be young males. Moreover, these young males had other drugs in their system, such as alcohol or methamphetamine. The study’s authors concluded that cannabis can impair driving ability and that people who use cannabis should not drive.
What Does NSW Government Say?
According to NSW Government, medical marijuanas NSW driving is lawful for medical cannabis patients taking CBD-only medicines if they are not impaired. However, they should discuss usage and risk of impairment with their doctor, as CBD can cause drowsiness, fatigue, and lowered blood pressure. Doctors are responsible for deciding if their patients are fit to drive with prescription drugs.
What if a doctor tells a patient not to drive, but the patient does anyway? If this is the case, the doctor can report them to the NSW Roads and Maritime Services.
Medical Marijuanas NSW Driving: Penalties
If you undergo a positive roadside drug test, you will be charged with a drug driving offence. This includes cannabis, speed, ice, MDMA, ecstasy, and cocaine. The penalties for a drug driving offence vary depending on the type of drug and whether it is your first offence. However, the minimum penalties are a 3-month license suspension and a $603 fine.
Case Study
Let’s highlight the case of TAYLOR v REGINA [2006] in this article about medical marijuanas NSW Driving. The defendant pleaded guilty to a charge of dangerous driving occasioning grievous bodily harm. This is a serious offence. The defendant had collided with another vehicle, resulting in serious injuries to the victim.
The defendant had left the scene of the accident but later admitted to being the driver of the vehicle. Then, the defendant received a two-year prison term with a 12-month non-parole period as part of the sentence. The sentencing judge considered various factors in determining the sentence, including the defendant’s personal difficulties such as:
- Emotional turmoil
- Sleep deprivation; and
- The consumption of alcohol and marijuana prior to the accident
The judge concluded that the defendant’s moral culpability was high, as he knowingly drove under the influence of alcohol and drugs. The defendant appealed the sentence on three grounds:
- The sentencing judge failed to consider the defendant’s mental condition as a mitigating factor
- The sentencing judge erred in finding the defendant’s moral culpability to be high.
- The defendant believed that the sentence imposed was manifestly excessive.
The Court of Appeal dismissed the appeal, affirming the original sentence imposed by the sentencing judge. The Court found that:
- The defendant’s mental condition was not a significant factor in the offence
- The defendant’s moral culpability was high; and
- The sentence was appropriate, considering the seriousness of the offence and the extent of the victim’s injuries.
Seeking Legal Advice About Medical Cannabis Use
This case is relevant to medical marijuanas NSW driving. This is because the case highlights the importance of considering all relevant factors in sentencing, including the defendant’s personal circumstances, the victim’s injuries, and the importance of general deterrence. Even if drivers have a medical condition, they may face serious consequences.
If you are considering using medical marijuana and are concerned about how it may affect your ability to drive, it is important to seek legal advice from a qualified lawyer. JB Solicitors is a leading law firm in Sydney that specialises in traffic law. We can provide you with comprehensive advice on the legal implications of using medical marijuana and driving in NSW.
We understand that using medical marijuana can be a complex and challenging issue. Moreover, receiving medical cannabis treatment while driving may result in positive roadside drug tests. We are here to help guide you through the legal landscape and ensure that the law protects you.
Contact us today for a confidential consultation about medical marijuanas NSW driving.
