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Medicinal Cannabis & Drug Driving in NSW: 2026 Laws

Strict presence offence — Act assented, not yet in force Last verified: 2026-10-18

Just tested positive? What happens next in New South Wales, step by step →

Medicinal cannabis and driving in NSW: where the law stands

Current law, in force right now: section 111 presence offence — driving with THC in your oral fluid, blood or urine is an offence, and a valid prescription is not a defence. Reform, not yet in force: the medical cannabis driving reform (Act No 33 of 2026) passed Parliament on 17 September 2026 and was assented on 23 September 2026, but it commences only on a date appointed by proclamation — none has been made. Transport for NSW anticipates commencement in late 2026 or early 2027, and registration is not open.

If you hold a valid prescription for medicinal cannabis containing THC, New South Wales law currently treats you the same as someone who used cannabis illegally. Under section 111 of the Road Transport Act 2013, it is an offence to drive with THC present in your oral fluid, blood or urine — and a valid prescription is not a defence.

The reform is the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 — now Act No 33 of 2026, gazetted on 25 September 2026. It is still not law you can rely on: Transport for NSW says the law change "has not yet come into effect" because important changes are being made to Transport for NSW and NSW Police systems to enable it.

Important: until the new scheme actually commences, the current law applies in full. If you are charged today, you cannot rely on legislation that has not taken effect — registration is not even open yet.

What happens at a roadside test today

1. Police take a saliva sample at the roadside.
2. A positive result triggers an immediate 24-hour driving ban and your sample is sent for laboratory confirmation.
3. A confirmed positive can lead to a charge under s111 — or, for a first offence, a penalty notice. As at July 2026 the penalty notice is $572, and once it is paid (or enforced) Transport for NSW suspends your licence for three months. A paid penalty notice does not create a criminal record. Electing to go to court instead — or being given a Court Attendance Notice — exposes you to a fine of up to $2,200 and court-ordered disqualification, but also opens non-conviction outcomes. Figures change with indexation; check the NSW Government penalties page.

If this has just happened to you, read Tested positive at a roadside drug test in NSW? What happens next and consider speaking to a lawyer promptly — court timelines move quickly.

The registration scheme, explained (assented — commences by proclamation)

The Bill as passed creates a voluntary registration scheme for prescribed patients. All details below are as announced by the NSW Government and Transport for NSW; the final scheme rules will be confirmed as commencement approaches:

• The scheme is limited to unrestricted licence holders. It will not apply to learner or provisional drivers, commercial drivers — or to interlock licence holders, unauthorised drivers, and people driving buses, taxis, rideshare vehicles, certain heavy or dangerous goods vehicles, or working as driving instructors. If that's you, the standard framework continues to apply.
• Register with Transport for NSW, providing evidence of a valid medicinal cannabis prescription — on application and at each renewal. Registration is voluntary, but it's the only way to get the scheme's protection, and your registration status is recorded on your licence record and digital driver licence.
• Complete a mandatory online education program about cannabis and driving safety.
• The protection applies only to presence offences on NSW roads — it travels with the road, not with you.
• Roadside testing continues unchanged. A positive roadside test still means a 24-hour driving ban while your sample goes to a laboratory.
• Lab result below the maximum thresholds in the Act — 50 ng/ml THC in oral fluid and 3.5 ng/ml in blood: no charge or further action.
• Lab result at or above the threshold: the new patient-specific offence applies — a warning letter for a first or second detection within a two-year period, with no other penalties, so you can review your dose timing and driving with your doctor.
• A third detection within two years is an offence with penalties including a fine and an automatic six-month disqualification, which a court may reduce to no less than three months (the Government's September 2026 release reported the fine as $722; earlier reporting at introduction said $704 — the figure re-indexes, so confirm it at commencement). Any subsequent detections are also treated as offences.
• The scheme will not protect you if: any alcohol is present, multiple illicit drugs or any drug other than THC is detected, you show signs of impairment (driving-under-the-influence charges still apply), or in post-crash testing, which continues for all drivers after serious crashes.
• The system will be reviewed after one year, in line with NSW Drug Summit recommendations.

What this means in practice

• Right now: assume the strict presence offence applies. Do not drive if there is any chance THC is present, and never drive impaired.
• When the scheme commences: registration and the education program will be mandatory to get its protection — an unregistered patient gets none of the scheme's benefits.
• Always: a prescription is not permission to drive affected by medication. Impaired driving remains a serious criminal offence under every version of the law.

Reform timeline (NSW)

• Late 2024 — the NSW Drug Summit recommends reform for unimpaired prescribed patients.
• 2025 — Road Transport Amendment (Medicinal Cannabis—Exemptions from Offences) Bill 2025 (Faehrmann) introduced; debate adjourned after second reading in the Legislative Council.
• 14 May 2026 — the Road Transport Amendment (Medicinal Cannabis) Bill 2025 (Greenwich) is withdrawn.
• 25 June 2026 — the Government introduces the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026.
• 5 August 2026 — the Bill passes the Legislative Assembly.
• 17 September 2026 — the Bill passes both houses of Parliament.
• 23 September 2026 — the Governor assents: Act No 33 of 2026, gazetted 25 September 2026.
• Late 2026 / early 2027 — Transport for NSW's anticipated commencement window; this page will be re-verified the day the scheme starts.

Common questions

Does my prescription protect me if I'm pulled over in NSW today?

No. Under the current law, THC presence is an offence regardless of prescription. The registration scheme changes this for eligible, registered, unimpaired drivers — but only once it commences, and registration is not open yet.

Has the medicinal cannabis driving law passed in NSW?

Yes — the Bill passed Parliament on 17 September 2026 and was assented on 23 September 2026 (Act No 33 of 2026). But it has not commenced: it starts on a date appointed by proclamation, and Transport for NSW anticipates that in late 2026 or early 2027. Until then, the s111 offence applies in full.

Will I need to do anything to be covered by the new scheme?

Yes — registration with Transport for NSW, evidence of a valid prescription, and completion of an online education program. None of this is open yet.

Can I drink any alcohol if I'm a registered patient?

No — registered patients cannot have any alcohol or other drugs in their system, or the standard offences apply.

What if I feel fine but tested positive?

THC can remain detectable after effects have worn off. Under current NSW law, presence alone is the offence. Feeling unimpaired is not a defence — this is exactly what the reform debate is about.

Active reform items

• Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 — registration/education/warning-letter model, limited to unrestricted licence holders. (Passed both houses 17 September 2026; assented 23 September 2026 (Act No 33 of 2026); awaits proclamation — TfNSW anticipates commencement late 2026 / early 2027)
• Road Transport Amendment (Medicinal Cannabis) Bill 2025 (Greenwich, introduced November 2025) — withdrawn 14 May 2026. (Withdrawn)
• Road Transport Amendment (Medicinal Cannabis—Exemptions from Offences) Bill 2025 (Faehrmann) — debate adjourned after second reading in the Legislative Council. (Adjourned)

Quick answers for New South Wales

Primary sources for this page

• https://www.transport.nsw.gov.au/roadsafety/topics-tips/drugs/medical-cannabis
• https://www.nsw.gov.au/ministerial-releases/medicinal-cannabis-driving-reforms-introduced-to-parliament-by-minns-labor-government
• https://www.nsw.gov.au/ministerial-releases/cannabis-drivers-not-immediately-penalised
• https://legislation.nsw.gov.au (Road Transport Act 2013 s111)
• https://www.parliament.nsw.gov.au (bill tracker)

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