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Medicinal Cannabis & Driving in NSW: Law, Registration Scheme & Penalties (2026)

Strict presence offence — major reform before Parliament Last verified: 2026-07-10

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

Medicinal cannabis and driving in NSW: where the law stands

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.

That is set to change. In 2026 the NSW Government introduced the Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026, which would mean eligible medicinal cannabis patients are no longer automatically penalised solely because THC is detected — provided they are not impaired and meet strict conditions. As at July 2026 the Bill is before Parliament — it has not passed and has not commenced.

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 yet taken effect.

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 proposed NSW registration scheme, explained

Under the Bill as introduced, the scheme would work like this (all details are as announced and introduced — the final Act may differ, and nothing applies until commencement):

• The scheme is limited to unrestricted licence holders. It will not apply to learner drivers, provisional drivers, or commercial drivers — 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, including the THC detection threshold used by police.
• A positive roadside test still means a 24-hour driving ban while your sample goes to a laboratory.
• Lab result below the maximum threshold of 50 ng/ml THC: no charge or further action (per the Government's announcement).
• Lab result at or above the threshold: a warning letter for a first or second detection within a two-year period — a chance to adjust your dose timing and driving behaviour.
• A third detection within two years is an offence: penalties including a $704 fine and a minimum three-month licence suspension — and any subsequent detections are also treated as offences (per the Government's announcement).
• 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 (serious driving-under-the-influence charges still apply), or in post-crash testing situations, which continue for all drivers.
• 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.
• If 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 (as at July 2026).
• 14 May 2026 — the Road Transport Amendment (Medicinal Cannabis) Bill 2025 (Greenwich) is withdrawn.
• June 2026 — Government introduces the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026; before Parliament as at July 2026.

FAQ (render with FAQPage schema)

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 proposed registration scheme would change this for eligible, registered, unimpaired drivers — but only once it is law and in force.

Will I need to do anything to be covered by the new scheme? Yes — as introduced, the Bill requires registration with Transport for NSW, evidence of a valid prescription, and completion of an online education program.

Can I drink any alcohol if I'm a registered patient? As introduced, 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 Amendment (Medical Cannabis and Driving Offences) Bill 2026 — introduced by the NSW Government; registration/education/warning-letter model. Limited to unrestricted licence holders. (Before Parliament as of research date)
• 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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