NSW to relax drug-driving laws for medicinal cannabis users

New South Wales is preparing to overhaul its drug-driving laws for motorists who are legally prescribed medicinal cannabis, but the changes aren't in force yet.

The Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 passed both houses of NSW Parliament on September 17, 2026, although it's still awaiting assent and will commence on a date set by proclamation.

The NSW Government says the new registration system and compulsory driver education program required for the scheme are expected to become available in late 2026 or early 2027.

At present, drivers can be penalised simply for having THC – the psychoactive component of cannabis – detected in their system, regardless of whether the cannabis was legally prescribed or the driver was impaired.

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A first offence for driving with a prescribed illicit drug present can currently attract a $722 penalty notice and three-month licence suspension in NSW. If the matter goes to court, a first offence carries a maximum $2200 fine and an automatic six-month disqualification, which can be reduced to a minimum of three months.

The new scheme won't give medicinal cannabis users carte blanche to drive after taking THC.

Instead, eligible drivers will have to hold an unrestricted NSW licence, register with Transport for NSW, provide evidence of a valid medicinal cannabis prescription, and complete an approved online education program covering cannabis and driving.

Learner and provisional licence holders won't be eligible, nor will commercial drivers, according to the NSW Government.

Registration will remain valid until two months after the driver's prescription expires, with motorists able to extend their registration by providing evidence of a new prescription. The legislation also allows a driver's medicinal cannabis status to be displayed on their digital driver licence.

An eligible registered driver who returns a positive roadside drug test will still be prohibited from driving for 24 hours while their sample is sent for laboratory analysis.

However, the legislation introduces THC concentration limits for registered medicinal cannabis users.

The limits are 50 nanograms per millilitre (ng/mL) of oral fluid and 3.5ng/mL of blood.

If THC is detected below the applicable limit and the other requirements are met, the registered driver won't be charged simply for the presence of THC.