Drink Driving & Drug Driving
I’m old enough to remember the introduction of the mid-70s advertising campaigns on television and the introduction of a much tougher approach to drink driving. Back then, it started off with a blood alcohol limit of 0.08, which was later lowered to 0.05, and I think for many younger Australians today, the expectation is firmly 0.0. Now, here in 2026, the focus has firmly shifted to drug driving.
Keeping with that theme, I went along to a really interesting public discussion on Thursday night at the Sherwood Hotel here in Lismore. They are running a series of casual bites and discussions in the pub covering a range of local and social issues.
The topic wasn’t really a debate as such, because pretty much everyone in the room was in furious agreement. The core consensus was that New South Wales and other states desperately need to reform their drug driving laws, particularly to account for the legalisation of medicinal cannabis.
One of the guest speakers was David Heilpern, a former magistrate and the current head of law at Southern Cross University. I used to speak with him regularly on the radio back in the day, though I don’t think we had ever actually met in person before tonight. Hearing his voice instantly brought back familiarity, so I made sure to go over, say hello, and introduce myself properly.
The Background and Proposed Reforms
The discussion focused heavily on the growing disconnect between modern medicine and roadside drug testing. Since medicinal cannabis was legalised federally in 2016, prescriptions have surged dramatically. However, under the current New South Wales drug presence framework (Section 111 of the Road Transport Act 2013), it remains an absolute strict-liability offence to drive with any detectable trace of THC in your system.
Because oral fluid tests detect presence rather than active impairment—and THC can linger in the body long after any therapeutic effect has worn off—patients taking their medicine legally under doctor’s orders have faced automatic licence disqualifications.

David drew a fair comparison to other common prescription medications, such as strong antidepressants or opioids, which can make people feel a bit spaced out or drowsy yet do not carry the same automatic roadside criminal penalty for mere presence.
The yarn eventually got into the details of the Minns Labor Government’s recently introduced Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026.
Broader Context and Outlook
According to those who spoke, these proposed changes are designed to bring New South Wales more closely into line with states like Victoria and Tasmania—which have moved toward judicial discretion or specific legal defences—while remaining a step ahead of stricter jurisdictions like Queensland. Naturally, that sparked a good discussion about what cross-border differences mean for populations living right on the border, as many people in this area do.
According to the speakers, the reform stands a decent chance of getting through Parliament thanks to the support of Labor, the Greens, and the Legalise Cannabis Party. Of course, there’s opposition coming from the New South Wales Coalition and groups like the NRMA. Interestingly, though, the New South Wales Police Association reportedly supports the reform.
I didn’t dive too deeply into the nitty-gritty policy arguments myself since I don’t know enough about the science side of it, but it was a cracking evening and a brilliant initiative to participate in.

But as I watched the discussion, my eyes drifted upward to a piece of graffiti perched above a shop hoarding across the street. Lismore apparently has a bit of a heroin problem at the moment—though it would seem the locals were a touch hazy on the spelling.





























