Drivers who use lawfully prescribed medicinal cannabis will no longer automatically lose their licence just for testing positive to THC, after the NSW Government’s new driving reforms passed State Parliament.
The legislation, passed under the Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026, replaces the old drug presence offence framework, which imposed an immediate three-month licence suspension on any driver found with THC in their system. The Government said that framework had become a significant barrier for patients using prescribed medicinal cannabis under a doctor’s orders to manage conditions such as cancer, nausea, severe pain and PTSD.
Under the new system, eligible drivers will need to register with Transport for NSW, provide evidence of a valid prescription and complete an online education program on cannabis and driving safety.
Roadside drug testing will not change. A registered patient who returns a positive roadside test will still receive an immediate 24-hour driving ban while the sample is sent for laboratory testing, the same as any other driver. If the laboratory result shows THC below the threshold of 50 nanograms per millilitre, no further action is taken. A result at or above that threshold brings a warning for a first or second detection within two years. A third detection within two years results in penalties, including a $722 fine and a minimum three-month licence suspension.
The scheme is limited to NSW unrestricted licence holders and will not apply to learner or P-plate drivers, or commercial drivers. Registered patients cannot have any alcohol or other drugs in their system, and drivers showing signs of impairment will still face serious driving under the influence charges regardless of their registration. Standard drug driving penalties continue to apply where multiple illicit drugs are detected, and registered patients remain subject to post-crash blood and urine testing following serious crashes.
Minister for Roads and Regional Transport Jenny Aitchison said the reform struck a balance between road safety and fairness for patients.
“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,” Ms Aitchison said.
“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.
Transport for NSW is developing the mandatory education program, with the registry and education module expected to launch in late 2026 or early 2027. The new system will be reviewed after one year, in line with recommendations from the Drug Summit.
“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.”
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