People who use medicinal cannabis in NSW may soon have greater flexibility when it comes to driving, following the passage of new legislation through the NSW Parliament.
The Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026 passed Parliament in September 2026. The reforms introduce a new system for eligible drivers who use lawfully prescribed medicinal cannabis containing THC, changing how certain drug-driving offences are dealt with.
Under the new arrangements, eligible registered patients will no longer automatically face the usual drug-presence penalties solely because THC is detected in their system, provided they satisfy the scheme’s conditions and are not driving while impaired.
However, the reforms do not give people permission to drive while affected by cannabis. Police will continue to conduct roadside drug tests, and drivers who are impaired by cannabis or other substances may still face serious criminal charges.
What are the new medicinal cannabis driving laws?
The 2026 reforms introduce a registration system for eligible medicinal cannabis patients. Once the scheme is operational, registered drivers who meet the eligibility requirements will be treated differently when THC is detected during roadside testing.
The changes are intended to distinguish between people using prescribed medicinal cannabis who are not impaired and drivers who are driving while affected by drugs.
Importantly, the reforms apply only in specified circumstances. They do not remove the general prohibition against driving while impaired by cannabis.
The implementation of the registry and education program will be launched late 2026 to early 2027. The system will be reviewed after 1 year, in compliance with the recommendations from the Drug Summit.
Who will be eligible for the new scheme?
The new scheme will be limited to drivers who meet the eligibility requirements set out in the legislation.
According to the NSW Government, eligible drivers will need to:
- Hold an unrestricted NSW driver’s licence.
- Register with Transport for NSW.
- Provide evidence of a valid medicinal cannabis prescription.
- Complete a mandatory online education program about medicinal cannabis and driving safety.
- Comply with the scheme’s conditions, including not driving with alcohol or other drugs in their system.
- Do not drive while impaired by cannabis.
The scheme will not apply to learner drivers, provisional licence holders or commercial drivers.
Having a medicinal cannabis prescription alone will therefore not automatically make someone eligible for the new arrangements. Drivers will need to satisfy the registration requirements and comply with the applicable conditions.
What happens if a registered medicinal cannabis patient tests positive?
Roadside drug testing will continue under the new system.
If a registered patient returns a positive roadside drug test for THC, they will still receive an immediate 24-hour driving ban while their sample is sent for laboratory testing.
The subsequent outcome will depend on the laboratory result and the driver’s history of qualifying detections.
Under the announced arrangements:
- THC below 50 ng/mL: If the laboratory result is below the specified threshold, no further action will be taken under the scheme.
- First qualifying detection at or above 50 ng/mL: The driver will receive a warning.
- Second qualifying detection within two years: The driver will receive a further warning.
- Third qualifying detection within two years: The driver will face penalties, including a $722 fine and a minimum three-month licence suspension.
The reforms do not provide a blanket exemption. The ordinary drug-driving penalties will also continue to apply in circumstances that are excluded from the scheme, including when multiple illicit drugs are detected.
Having a lawful prescription does not necessarily mean that you are safe or legally permitted to drive after taking medicinal cannabis.
The effects of medicinal cannabis can vary depending on the product, dosage, timing and individual circumstances. Drivers should follow their doctor’s advice and must not drive while impaired.
Depending on the offence and circumstances, penalties can include fines, licence disqualification and, in serious cases, imprisonment.
The 2026 medicinal cannabis reforms introduce a new approach to drug-driving offences for eligible patients in NSW. However, the distinction between a positive THC test and driving while impaired remains important.
If you have been charged with drug driving, received a positive roadside test or are concerned about the effect of a drug-driving offence on your licence, it is important to understand the applicable law and your options.
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