NSW to relax drug-driving laws for medicinal cannabis users

New South Wales is preparing to overhaul its drug-driving laws for motorists who are legally prescribed medicinal cannabis, but the changes aren't in force yet.

The Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 passed both houses of NSW Parliament on September 17, 2026, although it's still awaiting assent and will commence on a date set by proclamation.

The NSW Government says the new registration system and compulsory driver education program required for the scheme are expected to become available in late 2026 or early 2027.

Until then, the existing rules continue to apply.

At present, drivers can be penalised simply for having THC – the psychoactive component of cannabis – detected in their system, regardless of whether the cannabis was legally prescribed or the driver was impaired.

A first offence for driving with a prescribed illicit drug present can currently attract a $722 penalty notice and three-month licence suspension in NSW. If the matter goes to court, a first offence carries a maximum $2200 fine and an automatic six-month disqualification, which can be reduced to a minimum of three months.

The new scheme won't give medicinal cannabis users carte blanche to drive after taking THC.

Instead, eligible drivers will have to hold an unrestricted NSW licence, register with Transport for NSW, provide evidence of a valid medicinal cannabis prescription, and complete an approved online education program covering cannabis and driving.

Learner and provisional licence holders won't be eligible, nor will commercial drivers, according to the NSW Government.

Registration will remain valid until two months after the driver's prescription expires, with motorists able to extend their registration by providing evidence of a new prescription. The legislation also allows a driver's medicinal cannabis status to be displayed on their digital driver licence.

Roadside drug testing isn't disappearing under the new system.

An eligible registered driver who returns a positive roadside drug test will still be prohibited from driving for 24 hours while their sample is sent for laboratory analysis.

However, the legislation introduces THC concentration limits for registered medicinal cannabis users.

The limits are 50 nanograms per millilitre (ng/mL) of oral fluid and 3.5ng/mL of blood.

If THC is detected below the applicable limit and the other requirements are met, the registered driver won't be charged simply for the presence of THC.

For oral-fluid testing, a laboratory result of 50ng/mL or more will count as a positive detection under the new system.

A driver will receive a formal warning for either their first or second such detection within two years, rather than immediately receiving a fine and losing their licence.

A third detection within two years can result in a $722 fine and at least a three-month licence suspension. The legislation provides for an automatic six-month disqualification following a conviction, although a court can reduce that to no less than three months.

There are several important exceptions. To receive the medicinal cannabis concessions, the driver mustn't have alcohol or another prescribed illicit drug in their system. Drivers who test positive to multiple drugs will continue to be dealt with under the standard drug-driving laws.

The changes also don't legalise driving while impaired. Police will retain the power to charge a medicinal cannabis patient with driving under the influence if they're considered impaired, while registered patients will remain subject to blood and urine testing following serious crashes.

The NSW Government estimates there are more than 300,000 medicinal cannabis users in the state.

The reforms are scheduled to be reviewed after their first 12 months of operation.

NSW's approach will differ from Victoria, where it's still an offence to drive with detectable THC even with a valid prescription. Since March 2025, however, Victorian magistrates have been given discretion over whether to cancel the licence of certain medicinal cannabis patients who test positive but aren't impaired.

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