The New South Wales Government will introduce legislation aimed at changing how drivers who legally use prescribed medicinal cannabis are treated under the state’s drug driving laws, while retaining penalties for motorists found to be impaired.
The proposed reforms would create a new framework for eligible medicinal cannabis patients prescribed products containing THC, the psychoactive component of cannabis. Under the current system, drivers can be penalised if THC is detected in their system, regardless of whether they are impaired.
If passed by Parliament, the changes would allow registered medicinal cannabis users to avoid automatic penalties in certain circumstances, provided they meet strict eligibility requirements and remain below a prescribed THC threshold.
The Government says the reforms respond to the growing number of Australians using medicinal cannabis. More than one million people nationwide are estimated to use medicinal cannabis products, with more than 300,000 believed to be in New South Wales. The number of cannabis medicines dispensed in the state has nearly doubled over the past year.
To qualify under the new scheme, drivers would need to register with Transport for NSW, provide evidence of a valid prescription and complete an online education program covering cannabis use and road safety.
The changes would apply only to unrestricted licence holders. Learner and provisional licence holders, along with commercial drivers, would remain subject to existing rules.
Roadside drug testing would continue under the proposal. Drivers who return a positive roadside test would still face an immediate 24-hour driving prohibition while laboratory analysis is completed.
If laboratory results show THC levels below the prescribed threshold, no further action would be taken. Drivers whose results exceed the threshold would receive warning letters for their first and second detections within a two-year period. A third detection during that timeframe would attract a $704 fine and a minimum three-month licence suspension.
The Government has emphasised that the reforms do not alter penalties for impaired driving. Motorists found driving under the influence of drugs or alcohol would continue to face existing offences and sanctions.
Drivers who test positive for drugs other than THC, or who have alcohol in their system, would also remain subject to standard drug driving laws. Registered medicinal cannabis users involved in serious crashes would still be required to undergo post-crash blood and urine testing.
Premier Chris Minns said the Government was seeking to address concerns raised by medicinal cannabis patients while maintaining a strong focus on road safety.
“For thousands of people, medically prescribed cannabis is life-changing medication that is necessary for people to go about their daily lives,” he said.
Mr Minns said the current legal framework allows people to drive while taking a range of prescribed medications but treats medicinal cannabis differently.
Health Minister Ryan Park said the reforms attempt to balance public safety with the lawful use of prescribed medicinal cannabis.
Police Minister Yasmin Catley said roadside testing and enforcement powers would remain in place, adding that police would continue to target impaired drivers.
Roads Minister Jenny Aitchison said feedback from the 2024 Drug Summit highlighted the challenges faced by patients who rely on medicinal cannabis while needing to drive for work, family and daily responsibilities.
The proposal is likely to draw support from medicinal cannabis advocates who have long argued that the presence of THC alone does not necessarily indicate impairment. Road safety groups, however, have previously cautioned against any weakening of drug driving laws and are expected to closely monitor how the threshold system operates in practice.
The Government has committed to reviewing the new framework after its first year of operation, in line with recommendations from the Drug Summit.
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