The Minns Labor Government will today introduce legislation to Parliament to create a more commonsense system for drivers who use lawfully prescribed medicinal cannabis, while ensuring patients are treated with dignity and respect.
The Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026 will mean eligible medicinal cannabis patients are no longer automatically penalised, like they are under the current drug driving presence offence framework, solely because THC is detected in their system, provided they are not impaired and meet strict conditions.
Under the proposed legislation, eligible drivers will need to register with Transport for NSW, provide evidence of a valid prescription and complete an online education program about cannabis and driving safety.
Roadside drug testing will continue, and there will be no changes to the threshold for THC detection used by police during roadside drug tests.
Any registered medicinal cannabis patient who returns a positive roadside test will still receive an immediate 24-hour driving ban while their sample is sent for laboratory testing - as is the case for any driver who returns a positive roadside drug sample.
If the laboratory result shows THC below the maximum threshold of 50 ng/ml, no further action will be taken. If the laboratory result shows THC at or above the threshold, the driver will receive a warning for a first or second detection within two years.
A third detection within two years will result in penalties, including a $704 fine and a minimum three-month licence suspension.
The changes recognise the growing number of patients using prescribed medicinal cannabis under their doctor's orders for a range of serious health conditions.
Around 300,000 people in New South Wales have a prescription for medicinal cannabis to manage serious condition such as cancer, nausea, severe pain and PTSD.
The current drug presence offence framework, which includes an immediate three-month loss of licence, is a significant barrier for patients needing to drive to work, appointments, and go about their daily lives.
The Bill includes strong safeguards to protect road safety:
- There will be no changes to the threshold for THC detection at the roadside.
- The scheme will be limited to NSW unrestricted licence holders and will not apply to learner drivers, provisional drivers or commercial drivers.
- Registered medicinal cannabis patients cannot have any alcohol or other drugs in their system.
- Drivers showing signs of impairment, even if they are a registered medicinal cannabis patient will continue to be charged with serious driving under the influence offences.
- Standard drug driving penalties will continue to apply where multiple illicit drugs are detected.
- Registered medicinal cannabis patients will remain subject to post-crash blood and urine testing following serious crashes.
These safeguards are critical to ensuring police can continue to respond strongly to dangerous driving behaviour and thoroughly investigate serious crashes to protect all road users.
The new system will be reviewed after one year, in line with recommendations from the Drug Summit. Transport for NSW is currently working on the education program which will be mandatory for medicinal cannabis patients under this legislation.
Minister for Roads Jenny Aitchison said:
"For a decade, medicinal cannabis has been prescribed by doctors to help patients manage serious health conditions, but the road rules have not kept pace with that reality.
"These reforms balance road safety with the need for a more commonsense system for patients who take prescribed medication.
"The message remains clear: nobody should drive while impaired by cannabis, alcohol or any other drug. That is not changing.
"Drivers will still be tested. They will still be removed from the road for 24 hours after a positive roadside test. And they will still face serious penalties if they are impaired, regardless of the level of THC that is detected.
"What changes is that eligible medicinal cannabis patients, who are not impaired, will have a clear system, clear obligations and a chance to adjust their behaviour before facing penalties.
"This is a cautious reform. It's the right reform, and I'm glad to be introducing this Bill to the house today."
