NSW Government introduces legislation for drivers using prescribed medicinal cannabis

THE NSW Government has introduced legislation aimed at creating a fairer approach for drivers who legally use prescribed medicinal cannabis while maintaining strong road safety protections.

The proposed Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026 would allow eligible medicinal cannabis patients to avoid automatic penalties for the presence of THC in their system if they are not impaired and meet strict registration requirements.

Under the proposed changes, eligible drivers would need to register with Transport for NSW, provide evidence of a valid medicinal cannabis prescription, and complete a mandatory online education program about cannabis and driving safety.

Minister for Roads Jenny Aitchison said the reforms recognised that road laws had not kept pace with the growing use of prescribed medicinal cannabis.

“For a decade, medicinal cannabis has been prescribed by doctors to help patients manage serious health conditions, but the road rules have not kept pace with that reality,” Ms Aitchison said.

“These reforms balance road safety with the need for a more [common sense] system for patients who take prescribed medication.”

Ms Aitchison stressed that the legislation would not weaken road safety laws.

“The message remains clear: nobody should drive while impaired by cannabis, alcohol or any other drug,” she said.

“Drivers will still be tested. They will still be removed from the road for 24 hours after a positive roadside test. And they will still face serious penalties if they are impaired, regardless of the level of THC that is detected.”

Roadside drug testing would continue under the proposed system, with police using the same THC detection threshold currently in place.

If laboratory testing detected THC below 50 ng/ml, no further action would be taken.

Drivers with THC levels at or above that threshold would receive warnings for a first or second detection within two years, while a third detection would attract penalties including a $704 fine and a minimum three-month licence suspension.

The scheme would apply only to unrestricted NSW licence holders.

Learner, provisional and commercial drivers would remain subject to existing drug driving laws.

Registered medicinal cannabis patients would also be prohibited from having alcohol or other drugs in their system and would continue to face serious penalties if impaired while driving.

The Government said the new system would be reviewed after one year following its implementation, consistent with recommendations from the Drug Summit.