New South Wales to Allow Medicinal Cannabis Patients to Drive Under New Reforms

New South Wales (NSW) is set to implement major drug-driving reforms that will allow eligible medicinal cannabis patients to drive with THC levels below a prescribed threshold. The legislation, which passed the NSW parliament on Thursday night, is awaiting assent from the NSW Governor, meaning current restrictions remain in place.

Under the new rules, drivers holding unrestricted NSW licenses must register with Transport for NSW, provide proof of a valid medicinal cannabis prescription, and complete an online safety program regarding cannabis and driving. Registered drivers who test positive for THC at roadside will still face a 24-hour driving ban while their sample is analyzed in a laboratory.

However, no further action will be taken if the THC concentration is below 50ng/mL and no alcohol or other prescribed illicit drugs are detected. A three-strike system will be introduced for registered patients: the first two detections of THC at or above 50ng/mL within two years will result in warnings. A third detection within the same period will incur a $704 fine and a minimum three-month license suspension.

NSW Premier Chris Minns stated that the reforms aim to create fairer road legislation for the approximately 300,000 medicinal cannabis users in the state while maintaining road safety through various provisions.

Independent Sydney MP Alex Greenwich, who has publicly shared his use of medicinal cannabis for anxiety and insomnia related to PTSD, commented that the change will eliminate the need for eligible patients to choose between their medication and driving. "[The new laws] will reduce stigma and deliver freedom and opportunity to hundreds of thousands of people who use medicinal cannabis for anxiety, sleep, pain and other prescribed purposes," he said.

This development contrasts with other Australian states. In Victoria, a trial is underway to assess the impact of prescribed medicinal cannabis containing THC on driving performance in a controlled setting. Since March 2025, Victorian magistrates have had the discretion not to cancel licenses of motorists who test positive for THC after using prescribed medicinal cannabis, provided there is evidence they were not impaired. However, driving with THC in one's system remains an offense in Victoria.

Conversely, Queensland is introducing stricter penalties for drivers detected with a relevant drug in their saliva or blood, with changes expected to take effect in December. These broader road safety reforms in Queensland will also impose an immediate six-month license suspension for motorists caught driving more than 40 km/h above the speed limit. Further reforms planned for 2027 in Queensland aim to streamline roadside drug testing, while the state maintains a zero-tolerance approach to the presence of relevant drugs, including THC from prescribed medicinal cannabis. "These new laws send a clear message to offenders, if you choose to act dangerously behind the wheel, you will face serious consequences," stated Integrity Minister Deb Frecklington.