Under the proposed reforms, registered drivers who are prescribed medicinal cannabis containing THC could avoid penalties if laboratory testing finds the drug is below a prescribed threshold.
The changes follow recommendations from the state’s 2024 Drug Summit.
Cannabis
Medicinal cannabis is prescribed by authorised healthcare practitioners to treat certain medical conditions and is regulated by the Therapeutic Goods Administration.
While medicinal cannabis is legal with a prescription, recreational cannabis remains illegal in NSW.
Under current NSW laws, drivers who test positive for any amount of THC can face fines of up to $2,200 and licence disqualifications of up to six months, regardless of whether the cannabis was prescribed.
Drug Summit
The NSW Government’s 2024 Drug Summit examined issues affecting people who use alcohol and other drugs.
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Among the issues raised were concerns from medicinal cannabis patients, who argued current drug-driving laws should focus on impairment rather than the presence of THC in a driver’s system.
An independent report that followed made 56 recommendations, with the government backing 51 in full or in principle.
Proposed laws
Under the proposal, medicinal cannabis users would be able to register with Transport for NSW and avoid penalties if laboratory testing finds their THC levels are below a prescribed threshold.
Drivers would still be subject to roadside drug testing and receive a 24-hour driving ban following a positive result while samples are analysed.
Those found above the threshold would receive warnings for a first or second detection within two years. A third detection would attract a $704 fine and a minimum three-month licence suspension.
The reforms would apply only to unrestricted licence holders – meaning learner, P-plate and commercial drivers are excluded.
NSW Premier Chris Minns said the changes “strike a careful balance” between supporting medicinal cannabis users and maintaining strong road safety protections.
