NSW cannabis driving reform is now an Act — not in force
The Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Act 2026 — Act No 33 of 2026 — received the Governor's assent on 23 September 2026 and was published in the NSW Government Gazette (No 398) on 25 September 2026. The Bill had passed both houses on 17 September 2026, and this tracker has followed it since introduction in June.
Assent changes nothing on the road yet. The Act commences on a date or dates to be appointed by proclamation, and none has been made. Transport for NSW's Medical Cannabis page still says the law change 'has not yet come into effect' while TfNSW and NSW Police systems are updated, anticipates commencement in late 2026 or early 2027, and registration is not open. Until the scheme commences, the section 111 presence offence applies in full, and an assented-but-uncommenced Act is not a defence to a current charge.
What the Act enacts, as reported from its text: maximum THC thresholds of 50 ng/ml in oral fluid and 3.5 ng/ml in blood; a registered patient below threshold after laboratory testing draws no further action; at or above threshold, a first or second detection within two years draws a warning letter; a third detection within two years is an offence carrying a fine and an automatic six-month disqualification, which a court may reduce to no less than three months (the Government's September release put the fine at $722 — the figure re-indexes, so confirm it at commencement). Learner, provisional and excluded commercial licence holders get nothing; any alcohol or other illicit drug takes a driver outside the scheme; impairment remains chargeable as driving under the influence; roadside testing and the 24-hour roadside ban continue; post-crash testing after serious crashes continues.
Also in the Act: a formal review after the scheme's first 12 months of operation, with findings to be reported to Parliament.
The date that matters to patients is still the commencement proclamation — this tracker will carry it the moment it is made. Until then, our NSW page has the law as it stands today, and the registration-scheme guide has how the scheme will work once it starts.