The Minns Labor Government’s legislation to create a more commonsense system for drivers who use lawfully prescribed medicinal cannabis has passed the NSW Parliament.
This reform recognises the growing number of patients using prescribed medicinal cannabis under their doctor’s orders to manage a range of serious conditions such as cancer, nausea, severe pain and PTSD.
The old drug presence offence framework, which included an immediate three-month loss of licence, has been a significant barrier for medicinal cannabis patients needing to drive to work, appointments, and go about their daily lives.
The Minns Labor Government’s reform will mean drivers who register under the new system are no longer automatically penalised solely because THC is detected in their system, provided they meet strict conditions and do not drive while impaired.
Under the Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026, eligible drivers will need to register with Transport for NSW, provide evidence of a valid prescription and complete an online education program about cannabis and driving safety.
Roadside drug testing will continue and there will be no changes to the roadside drug testing process carried out by police. Any registered medicinal cannabis patient who returns a positive roadside test will continue to receive an immediate 24-hour driving ban while their sample is sent for laboratory testing – as is the case for any driver who returns a positive roadside drug sample.
If the laboratory result shows THC below the maximum threshold of 50 ng/ml, no further action will be taken. If the laboratory result shows THC at or above the threshold, the driver will receive a warning for a first or second detection within two years.
A third detection within two years will result in penalties, including a $722 fine and a minimum three-month licence suspension.
The new system still maintains strong safeguards to protect road safety:
- There will be no changes to the threshold for THC detection at the roadside.
- The scheme will be limited to NSW unrestricted licence holders and will not apply to learner or P plate drivers, or commercial drivers.
- Registered medicinal cannabis patients cannot have any alcohol or other drugs in their system.
- Drivers showing signs of impairment, even if they are a registered medicinal cannabis patient will continue to be charged with serious driving under the influence offences.
- Standard drug driving penalties will continue to apply where multiple illicit drugs are detected.
- Registered medicinal cannabis patients will remain subject to post-crash blood and urine testing following serious crashes.
These safeguards are critical to ensuring police can continue to respond strongly to dangerous driving behaviour and thoroughly investigate serious crashes to protect all road users.
Transport for NSW is currently developing the education program which will be mandatory for medicinal cannabis patients under this legislation.
Implementation, including the registry and education module, are expected to be launched in late 2026-early 2027.
The new system will be reviewed after one year, in line with recommendations from the Drug Summit.
Minister for Roads and Regional Transport Jenny Aitchison said:
“I’m proud to see this important legislation pass the Parliament, creating a more commonsense and respectful system for patients who are prescribed medicinal cannabis in NSW but need to drive.
“Like we’ve said from the beginning, these reforms balance road safety with the need for a new system for patients who rely on this legally prescribed medication, without the fear of being treated like a criminal.
“We cannot be any clearer: nobody should drive while impaired by cannabis, alcohol or any other drug. That is not changing, and drivers will continue to be tested.
“From now on, eligible medicinal cannabis patients, who are not impaired, will have a clearer system, more opportunities for education, and a chance to adjust their behaviour before facing penalties.”
