Medicinal cannabis driving laws NSW: Proposed reforms and what they mean

A client who is prescribed medicinal cannabis will still be charged with an offence under s 111 of the Road Transport Act 2013 if THC, or delta-9-tetrahydrocannabinol, is detected during a roadside test. The NSW Government announced through ministerial releases dated 4 and 25 June 2026 respectively, the Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026, which if passed would mean eligible medicinal cannabis patients would no longer be automatically penalised because THC is detected in their system.

Relevant documents:

• 4 June 2026 NSW Government Ministerial Release

• 25 June 2026 NSW Government Ministerial Release

• S 111 Road Transport Act 2013

• Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026

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Quick takeaways

• Driving with THC in your system is currently an offence under s 111 of the Road Transport Act 2013, even with a valid prescription.

• The Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026 was introduced to NSW Parliament on 25 June 2026.

• Eligible drivers would need an unrestricted NSW licence, registration with Transport for NSW, a valid prescription and a completed education program.

• A positive roadside test still means a 24-hour ban and lab analysis. Below 50 ng/ml, no action; at or above, two warnings, then a $704 fine and minimum three-month suspension.

The current law: THC is an illicit drug under s 111

In NSW it is an offence to drive with an illicit drug in your system, and for these purposes the THC in medicinal cannabis is treated as an illicit drug. Because THC can remain detectable for a long time after any effect has worn off, a medicinal cannabis patient can return a positive test and be charged with an offence of drive vehicle with illicit drug pursuant to s 111 of the Road Transport Act 2013.

Who would be eligible?

Based on the 25 June 2026 Ministerial Release to become an 'eligible driver' someone would need to:

• Hold an unrestricted NSW driver licence (learner, provisional and commercial licences are excluded)

• Register with Transport for NSW

• Provide evidence of a valid prescription and

• Complete an online education program about cannabis and driving safety

How would the reform work?

For any driver who is an 'eligible driver' and tested positive for THC during a roadside test would follow this process:

• They would be immediately banned from driving for 24 hours

• Their sample roadside test would be sent to a laboratory for further testing (this is the case for any positive roadside drug sample)

• If the laboratory result shows THC below the maximum threshold of 50 ng/ml, no further action is taken.

• If the laboratory results show a THC level at or above 50 ng/ml they would receive a first or second warning within 2 years

• If a third detection occurs within 2 years the driver will be penalised with a fine of $704 and a minimum three-month licence suspension

The reform only applies to THC, if a driver is found with other alcohol or drugs in their system they would still be charged with an offence under s 111 of the Road Transport Act 2013.

Keeping up to date with proposed law changes

People who are prescribed medicinal cannabis grapple with the issue of whether they take their prescription and risk driving and possibly being pulled over and losing their licence because until the proposed reforms are passed this is the reality they face. LEAP Legal Software's criminal law content is maintained by practising lawyers, so the traffic law guides, precedents and commentary in your matter plans are updated as the legislation changes. If the reform passes and takes effect your advice letters and precedents will reflect them without your firm needing to re-check every source.

Frequently asked questions

Can medicinal cannabis patients legally drive in NSW?
Not if THC is detectable. A valid prescription is no defence under s 111, and the reforms are not yet law.

What is the proposed THC threshold?
50 ng of THC per millilitre of saliva, by laboratory analysis. Below that, no action; at or above, warnings apply before penalties.

Who could register as an eligible driver?
Unrestricted NSW licence holders with a valid prescription who register with Transport for NSW and complete an education program. Learner, provisional and commercial drivers are excluded.

When would the changes take effect?
No date is set. The Bill must pass Parliament first, so the current law applies in the meantime.