On the far south coast of NSW, Shan Thinkatarai spends his days volunteering at a community radio station, hosting his regular “Tuesday Drive with Shan.” But life changed drastically when he failed a roadside drug test in March despite using prescribed medicinal cannabis two days earlier for chronic pain following back surgery.
“I’m 100% certain I wasn’t impaired,” Shan said, describing the test’s devastating impact. “It had catastrophic consequences for my employment.” His story has become a lightning rod in the ongoing debate across NSW about the fairness of roadside testing for medicinal cannabis users.
Last year’s drug summit proposed legal protections for people like Shan who test positive for THC yet are not impaired. However, the NSW government has declined to adopt that recommendation, citing concerns about public safety. Critics say the decision is deeply unfair. “Lives could be at risk; our road toll is increasing,” one advocate warned.
The NSW government insists it will continue studying approaches from other Australian jurisdictions before considering reforms. “We’ll look at how others are handling medicinal cannabis and see if a balanced scheme is possible,” an official said. But for now, patients using prescribed medicinal cannabis remain vulnerable to losing their licenses and jobs even when not impaired.
Meanwhile, another reform proposal was rejected outright a trial eliminating sniffer dogs and strip searches at NSW music festivals. Despite losing a class action over unlawful searches, officials argue such tools remain vital for law enforcement. “Police sniffer dogs and strip searching are important investigative tools for NSW Police, and we’re not changing that,” a spokesperson stated.
Health advocates counter that law enforcement should not overshadow health priorities. They argue that NSW has “squibbed a historic opportunity” to take a visionary stance that integrates harm reduction and compassionate drug policy. Many participants at the state’s drug summit called for decriminalization of personal possession, particularly for those using medicinal cannabis, but this too was ruled out before discussions began.
While the NSW government did endorse most of the summit’s 56 recommendations including a 10-year drug strategy and increased funding for treatment programs critics say the system still stigmatizes legitimate medicinal cannabis patients.
For now, Shan’s experience embodies the tension in NSW: a state struggling to balance public safety with compassion for those relying on medicinal cannabis. Until policies catch up, patients who use legally prescribed medicinal cannabis will continue facing unfair consequences simply for seeking relief.
