Motorists using medicinal cannabis no longer to be automatically penalised in NSW
Drivers caught driving after smoking medical cannabis containing THC will no longer be automatically fined in NSW under groundbreaking reforms.
The Labor government announced on Thursday it would seek to introduce reforms to parliament seeking a “more common sense approach” to medically prescribed cannabis and road laws, including a three-strike approach aimed at recognizing that some users may test positive despite using their medicine legally.
Under the reforms, registered medical cannabis users will again be subject to roadside drug testing and an immediate 24-hour driving ban will be imposed if the sample is tested.
However, if the results show that the THC is below the maximum threshold, the driver will not be charged or any other action taken under the changes.
THC levels at or above the threshold will result in a warning letter for the first or second detection within two years.
A third determination within two years will result in a fine of up to $704 and a suspension of at least three months; If alcohol is present or any other or more drugs are found, typical driving penalties will apply.
Approximately one million Australians currently use medicinal cannabis, a third of whom are in NSW; The number of cannabis drugs has almost doubled in the last 12 months.
Prime Minister Chris Minns said the reforms, although important, would be approached “carefully and with road safety at the heart of every decision”.
“Medically prescribed for thousands of people, marijuana is a life-changing medicine that is essential for people to live their daily lives,” he said.
“Our current laws allow people to drive safely and legally while taking a wide range of prescription drugs, but this does not include cannabis prescribed by a medical doctor.
“These changes strike a careful balance of providing a more practical approach for medical cannabis users while maintaining strong road safety protections for the community.”
Police Minister Yasmin Catley said road safety remains the “number one priority”.
“These reforms do not change NSW Police’s ability to get dangerous drivers off our roads,” he said.
“NSW Police will introduce this reform as part of their role to enforce our laws, including roadside drug testing and action against impaired drivers.
“Every driver has a personal responsibility to know what they are getting and to never get injured behind the wheel.”
The changes were in line with recommendations from the Pharmaceutical Summit and had long been requested by advocates.
Following the 2025 summit, Unions NSW has called on the government to accelerate reforms that will treat medical cannabis like any other medicine when it comes to road laws.
To be eligible, drivers will need to register with Transport for NSW as a registered medical cannabis user, provide proof of a valid prescription and complete an online training program about cannabis and driving safety.
The changes will only apply to NSW drivers with an unrestricted licence, excluding drivers with L or P plates and commercial drivers.
Registered users will still be subject to blood or urine testing after a serious accident and will still face charges if they are found to be impaired.
The measures will be reviewed after one year of implementation.
