NSW passes medicinal cannabis driving reforms, with scheme yet to begin

Parliament passes reform; commencement remains ahead

NSW Parliament has passed reforms that will change how eligible drivers prescribed medicinal cannabis are treated when THC is detected. The NSW Government announced the passage on 18 September 2026. CarExpert reported on 21 September that the bill had passed both houses on 17 September but was awaiting assent and would commence on a date set by proclamation. The new scheme was not yet operating at the time of that report. ²¹

Medical Republic described the driving laws as changed in its 18 September report, but CarExpert’s later account said the existing rules remained in force. The Government expects the registration system and education module needed to implement the reform to launch in late 2026 or early 2027; it has not announced a confirmed operating date. ⁶¹²

For now, the drug-presence framework can penalise a driver for detectable THC even if the cannabis was lawfully prescribed and the driver was not impaired. The NSW Government says that framework includes an immediate three-month loss of licence. CarExpert reports that a first offence can attract a $722 penalty notice and three-month licence suspension. If dealt with in court, CarExpert says a first offence carries a maximum $2200 fine and automatic six-month disqualification, reducible to a minimum of three months. ²¹

Who can enter the new scheme

The concession will be limited to drivers holding an unrestricted NSW licence. They will have to register with Transport for NSW, provide evidence of a valid medicinal cannabis prescription and complete an online education program about cannabis and driving safety. Learner and provisional licence holders and commercial drivers will not qualify. CarExpert reports that registration will remain valid until two months after a prescription expires and can be extended with evidence of a new prescription. ²¹

Transport for NSW is developing the mandatory education program, according to the Government. CarExpert also reports that the legislation allows medicinal cannabis status to be displayed on a driver’s digital licence. The Government says the new system will be reviewed after one year of operation. ²¹

Roadside tests and laboratory results

Roadside drug testing will continue, with no change to the roadside THC detection threshold or police testing process, the NSW Government says. A registered patient who returns a positive roadside result will still receive an immediate 24-hour driving ban while the sample is sent for laboratory testing. Registration will not remove that immediate restriction. ²

Under the incoming pathway, the Government says a laboratory result below its maximum THC threshold of 50 nanograms per millilitre will mean no further action. CarExpert identifies that figure as the oral-fluid limit and reports a separate blood limit of 3.5 nanograms per millilitre. These are limits for different sample types, rather than two stages of the oral-fluid test. ²¹

A first or second laboratory detection at or above the threshold within two years will result in a warning. A third will bring penalties, including a $722 fine and a minimum three-month licence suspension, according to the Government’s 18 September announcement. That updates the $704 fine stated in its June announcement when the bill was introduced. CarExpert additionally reports an automatic six-month disqualification following conviction, which a court can reduce to no less than three months. ²³¹

Impairment and road-safety safeguards

The new pathway will not permit driving while impaired. The NSW Government says a registered patient showing signs of impairment can still face a serious driving-under-the-influence charge. Registered patients must not have alcohol or other drugs in their system, and standard drug-driving penalties will continue to apply when multiple illicit drugs are detected. Patients will remain subject to blood and urine testing following serious crashes. ²

The laboratory threshold is separate from the unchanged roadside screening process. Medical Republic reported that drug-reform advocate Dr Will Tregoning sought greater clarity about the THC level at which roadside devices return a positive result, given that a positive roadside test still produces a 24-hour ban. The publication also reported concerns raised by two Royal Australasian College of Surgeons committee chairs that THC concentrations in saliva or blood do not reliably establish whether a driver is impaired. The Government has retained offences for drivers showing signs of impairment. ⁶²

How the proposal developed

When announcing the proposal in June, the NSW Government estimated that more than 300,000 people in the state used medicinal cannabis. The ABC reported that the reform followed a recommendation from the 2024 NSW Drug Summit for a medical defence for drivers using prescribed cannabis. The Government initially sought further advice rather than accepting that recommendation, the ABC said. ⁵⁴

The planned NSW registration and laboratory-threshold system differs from the approaches CarExpert reports in other states. In Victoria, detectable THC remains an offence even with a prescription, although magistrates have had discretion since March 2025 over whether to cancel the licences of certain medicinal cannabis patients who were not impaired. Queensland retains a presence-based approach to THC, including when cannabis was legally prescribed. ¹⁷