In brief
- Patients prescribed cannabis medications will no longer be penalised for getting behind the wheel in NSW.
- The change will affect hundreds of thousands of patients in the state.
NSW is set to allow medical cannabis patients to drive without fearing the loss of their licenses.
With over 300,000 residents using medicinal cannabis, the NSW government is taking a proactive step by instituting a tailored exemption for drivers who are legally prescribed the drug.
A forthcoming bill aims to introduce a “more commonsense approach,” balancing fairness for the expanding community of users with stringent road safety measures.
“This marks a pivotal reform for NSW, approached with caution and prioritizing road safety in every decision,” stated Premier Chris Minns.
Eligibility for the scheme requires unrestricted license holders to register as medicinal cannabis users with Transport for NSW and to submit valid prescription documentation.
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Under the proposed arrangements, registered medicinal cannabis patients who return a roadside THC (tetrahydrocannabinol) result below 50 ng/mL will be permitted to continue driving. THC is the psychoactive, active chemical that gives cannabis users a high.
Registered patients will also avoid the automatic licence suspensions that arise when THC is detected and most issues will no longer need to be dealt with through the courts.
A three-strike system will also be enforced if a reading is higher, with warnings given twice followed by a fine of $704 and a minimum three-month licence suspension.
Legalise Cannabis Party MP Jeremy Buckingham praised the proposed reforms for creating a fairer framework while maintaining road safety as the paramount consideration.
“For the first time, medicinal cannabis patients will not automatically lose their licence,” the long-time advocate said.
“No patient should be forced to choose between following their doctor’s advice and keeping their driver’s licence.”
However, the NRMA has previously criticised such proposals, citing road safety fears.
“The concern is, how do you police it? How do you measure impairment? That’s the challenge that still hasn’t been addressed,” spokesperson Peter Khoury said.
The government maintains that the safeguards built in are critical to ensuring police can continue to respond strongly to any dangerous driving behaviour.
In Victoria, a world-first trial is underway to evaluate the effects of THC-prescribed medicinal cannabis on the driving performance of patients within a controlled-track environment.
Since March 2025, Victorian motorists who have medical cannabis in their system but are not impaired by the drug have not faced automatic driving bans.
Tasmania is the only other state or territory to explicitly allow the presence of THC in a patient’s system while driving.
The number of cannabis medicines dispensed each month in NSW has almost doubled over a 12-month period.
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