New South Wales is set to allow some medicinal cannabis users to drive with small amounts of cannabis in their system under reforms passed by the state parliament.
The legislation, which passed on Thursday night, will lift a ban preventing medicinal cannabis patients from driving. It still requires assent from the NSW governor, so existing restrictions remain in force for now.
Under the proposed changes, drivers with an unrestricted licence must register as medicinal cannabis users with Transport for NSW and provide proof of a valid prescription. They must also record a roadside THC result below 50ng/mL to continue driving.
The reforms would remove automatic licence suspensions when THC is detected. A three-strike system will apply where the reading is higher: drivers will receive two warnings before facing a $704 fine and a minimum three-month suspension.
NSW Premier Chris Minns said the changes would make road laws fairer for the state’s growing community of about 300,000 medicinal cannabis users, while maintaining safeguards for road safety.
Independent Sydney MP Alex Greenwich, who has said he uses medicinal cannabis to treat anxiety and insomnia linked to a PTSD diagnosis, said patients would no longer have to choose between their prescribed medication and driving.
“(The new laws) will reduce stigma and deliver freedom and opportunity to hundreds of thousands of people who use medicinal cannabis for anxiety, sleep, pain and other prescribed purposes,” he said.
The NSW Opposition opposed the reforms after a 2025 study found that most medicinal cannabis users take a higher dose than recommended.
Medicinal cannabis driving laws across Australia
Victoria is conducting a trial examining the effects of THC-prescribed medicinal cannabis on patients’ driving performance in a controlled-track environment. Since March 2025, Victorian motorists with medical cannabis in their system have not faced automatic driving bans if they are not impaired by the drug.
Queensland is taking a tougher approach to dangerous driving, with new laws providing for an immediate six-month licence suspension for motorists caught travelling more than 40km/h over the speed limit.
Further changes due to be introduced next year will streamline roadside drug testing as the Queensland Government pursues a zero-tolerance approach to dangerous behaviour.
Integrity Minister Deb Frecklington said: “These new laws send a clear message to offenders, if you choose to act dangerously behind the wheel, you will face serious consequences.”
