Major cannabis driving law shake-up: Aussie state moves to give medicinal users the green light

Eligible medicinal cannabis patients in NSW will be permitted to drive with THC below a prescribed threshold under major drug-driving reforms.

Legislation exempting qualifying patients from NSW’s drug-presence offence in certain circumstances passed the NSW parliament on Thursday night. 

It is yet to receive assent from the NSW Governor, meaning existing restrictions remain in force.

Under the reforms, drivers with unrestricted NSW licences will need to register with Transport for NSW, provide proof of a valid medicinal cannabis prescription and complete an online cannabis and driving safety program. 

Registered drivers who return a positive roadside test will still be banned from driving for 24 hours while their sample undergoes laboratory analysis. 

However, no further action will be taken if the THC concentration is below 50ng/mL and no alcohol or other prescribed illicit drug is detected.  

Under a three-strike system, registered patients who record THC concentrations at or above 50ng/mL will receive warnings for their first two detections within two years. A third detection within that period will attract a $704 fine and a minimum three-month licence suspension.

NSW Premier Chris Minns said the reforms would make road legislation fairer to a growing community of about 300,000 medicinal cannabis users across the state while still keeping the roads safe with several provisions. 

Independent Sydney MP Alex Greenwich, who revealed last year he uses medicinal cannabis to treat anxiety and insomnia associated with a PTSD diagnosis, said the change would mean eligible patients were no longer forced to choose between taking their prescription medication or 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.

In Victoria, a trial is under way to evaluate how prescribed medicinal cannabis containing THC affects patients’ driving performance within a controlled-track environment.

Since March 2025, Victorian magistrates have had discretion not to cancel the licences of motorists who test positive for THC after using prescribed medicinal cannabis, including where there is evidence they were not impaired. 

However, driving with THC in their system remains an offence.

In Queensland, however, drivers detected with a relevant drug in their saliva or blood will face tougher penalties under laws passed by the state parliament, with the changes due to take effect in December. 

The broader Queensland road-safety reforms will also impose an immediate six-month licence suspension on motorists caught driving more than 40km/h above the speed limit. 

Further Queensland reforms planned for 2027 will 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,” Integrity Minister Deb Frecklington said.