For years, NSW’s zero-tolerance approach to drug driving has put legitimate medicinal cannabis patients in an impossible position. Roadside drug testing detects the mere presence of THC (the main active ingredient in cannabis) in a driver’s system, not impairment — meaning a driver who took their prescribed medication days earlier, and was not impaired at all, could still lose their licence and face criminal charges.
The NSW Parliament has now moved to address this. The Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026 has passed, replacing the automatic three-month licence suspension previously triggered whenever THC was detected.
Under the new scheme, eligible patients must register with Transport for NSW, provide evidence of a valid prescription, and complete a mandatory online education program on cannabis and driving safety.
Importantly, roadside testing procedures remain unchanged. A registered patient who returns a positive roadside result will still face an immediate 24-hour driving ban while the sample is sent for laboratory analysis. If the confirmed THC level is below 50 ng/mL, no further action is taken, provided that the driver has never committed a registered medicinal cannabis user offence. A first or second detection within a two-year period results in a warning only; a third detection within that window attracts a $722 fine and a minimum three-month licence suspension.
The scheme comes with safeguards. Learner drivers, P-platers and commercial drivers are excluded entirely, and registered patients must not have alcohol or other drugs present — any sign of actual impairment will still result in other drug-driving charges.
Transport for NSW expects the registry and education module to go live between late 2026 and early 2027, with a mandatory one-year review of the scheme built in.
If you hold a medicinal cannabis prescription and drive, it’s worth understanding how registration will work before the scheme commences — and seeking advice if you’re currently facing a drug-driving charge relating to prescribed medicinal cannabis use.
If you have questions about how these reforms affect you, or you’re currently facing a drug-driving charge involving prescribed medicinal cannabis, Kenny Spring Solicitors can advise on your options. Call 1800 650 656 or email solicitors@kennyspring.com.au to speak with our criminal and traffic law team.