Published: 4 June 2026
- Released by: The Premier, Minister for Health, Minister for Police and Counter-terrorism, Minister for Roads
The Minns Labor Government will introduce laws to Parliament to create a more commonsense approach for people using lawfully prescribed medicinal cannabis, while maintaining strong road safety protections.
Under the reforms, drivers taking prescribed medicinal cannabis containing THC will no longer be automatically penalised under the current drug presence offence framework in certain circumstances.
The Government recognises these are significant changes and will implement them cautiously, with strong safeguards and road safety protections built into every stage of the new system.
There are around one million medicinal cannabis users in Australia, with up to a third (over 300,000) estimated in NSW and growing, with the number of cannabis medicines dispensed each month in NSW almost doubling in a 12 month period.
Many people rely on these prescriptions to continue working, caring for family members and going about their daily lives. The Government’s proposed changes recognise that reality, while ensuring anyone who is driving impaired by drugs or alcohol continues to face serious consequences.
To be eligible for the new system, drivers will be required to enrol as a registered medicinal cannabis user with Transport for NSW, provide proof of a valid prescription and complete an online education program about cannabis and driving safety.
The changes will only apply to NSW drivers on an unrestricted licence and excludes L or P plate drivers and commercial drivers.
The Government will introduce a measured three-strike approach for registered medicinal cannabis users, recognising some drivers may test positive to THC despite using their medication lawfully and responsibly.
Under the new system, registered medicinal cannabis users will still be roadside drug tested. If a driver returns a positive roadside test, they will continue to receive an immediate 24-hour driving ban while the sample is sent for laboratory testing.
If the laboratory result shows THC below the maximum threshold there will be no charge or further action. If the laboratory result shows THC at or above the threshold, the driver will receive a warning letter for a first or second detection within two years. This will give drivers the opportunity to adjust their dose and driving behaviour after medicine use.
A third detection above the threshold within the two year period will result in penalties, including a fine of $704 and a minimum three-month licence suspension.
If the driver has alcohol present, or the lab result shows multiple illicit drugs, or any drug other than THC, the driver will face the standard drug driving offence.
Registered users will continue to be subject to post-crash blood and urine testing following serious crashes and will still face serious charges if they are found to be driving while impaired.
These safeguards are critical to ensuring police can continue to respond strongly to dangerous driving behaviour and thoroughly investigate serious crashes.
In line with the recommendations from the Drug Summit, the new system will be reviewed after a year of implementation.
Premier of New South Wales Chris Minns said:
“This is a significant reform for NSW, but it’s one we are approaching carefully and with road safety at the centre of every decision.
“For thousands of people, medically prescribed cannabis is life-changing medication that is necessary for people to go about their daily lives.
“Our current laws enable people to safely and legally drive while taking a wide range of prescription medications but that doesn’t include cannabis prescribed by a medical practitioner.
“These changes strike a careful balance of providing a more practical approach for medicinal cannabis users while maintaining strong road safety protections for the community.”
Minister for Health Ryan Park said:
“Medicinal cannabis is allowing many people in our community to go about their daily lives.
“These reforms work to get a balance right between safety and legal use of medicinal cannabis.”
Minister for Police and Counter-terrorism Yasmin Catley said:
“Road safety remains the number one priority and these reforms do not change the ability of NSW Police to take dangerous drivers off our roads.
“NSW Police will operationalise 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 taking and never get behind the wheel impaired.”
Minister for Roads Jenny Aitchison said:
“At the 2024 Drug Summit we heard clearly that more consideration needs to be given to people who use medicinal cannabis while also needing to be able to drive.
“The issue is a complicated one and it’s important we strike a balance between keeping our roads as safe as possible, while also ensuring people using medicinal cannabis on prescription can drive a vehicle where they are not under the influence.
“This change does not give anyone permission to drive a vehicle while affected by cannabis or any other drug. If you are caught driving while impaired by drugs you will face the full force of the law.
“We want to give drivers two warnings, so they can manage their medicine use and driving. If caught a third time they will be charged with an offence and face penalties, including licence suspension.”
https://www.nsw.gov.au/ministerial-releases/cannabis-drivers-not-immediately-penalised
Media Reports
Political Comment
“It’s been a decade since cannabis was legalised as a medicine in this country and finally our road laws are going to catch up. Many people will be very relieved at this news today,” said Cate Faehrmann.
Cate Faehrmann introduced a bill to provide a medical defence for cannabis on 12 Nov 2021. The bill was the subject of an Upper House inquiry but was voted down in the House 29 votes to 6 on 12 Oct 2022.
“It’s heartening to see that finally the voices of medicinal cannabis patients have been heard, with news that this long-fought for reform will happen.
”I’m yet to see the details of the legislation, and will work with all sides of politics to improve it if need be, but the Greens support this reform.
”The inability of people who are prescribed medicinal cannabis containing THC to drive without the risk of losing their licence, even if they aren’t impaired, is not only grossly unfair but has clogged up our courts system.
“My bill to introduce a medical defence for cannabis was defeated in 2022. I’m looking forward to voting for this important reform and ending the discrimination that medicinal cannabis patients have faced for too long,” says Cate Faehrmann.
Hemp Embassy Nimbin
Finally the long promised NSW RDT news arrived today, like getting blood out of a stone, rather than saliva from a stoner. At least it’s a start and no longer will you automatically lose your licence here, if you have a valid prescription and are registered on a new ‘mediweed’ database.
Not sure how that registering will go, not sure if people have enough trust to do that, be interesting to see how many do. It’s a ‘world-first’, of course, we love to be different from everywhere else, like we know better, is it?
Also, they plan to lift the acceptable level of THC in your saliva from 10ng to 50ng. I’m not sure if I don’t wake up with more than 50ng! First time I got RDT busted I naively plead not guilty, but it meant I got my reading back from the lab, 1200ng. My mate Andrew did the same and his reading was 1500ng. The police both times said we didn’t appear impaired.
The people drawing up these rules have likely never ever used cannabis. They don’t really get it. How could they? The only mind altering substance they’ve probably experienced is alcohol, which has an entirely different effect to cannabis.
The words drug and driving together terrify them it seems, yet about ten million Australians take Big Pharma pills each day, three million take opiates. Rules are you are only allowed to feel good using their pills, or alcohol.
Cannabis actually calms my emotions, my PTSD, my whatever-you-wanna-call-it. It chills my child and sits him in the corner, enabling me to focus and be a better driver. They don’t understand that.
RDT was never really about safety on the roads so much as an arm of the war against the plants they don’t understand, that make us feel good, or ‘God’, depending on who you’re talking to. They don’t want us having our own direct connection with natural medicine, there’s no profit for anyone in that.
Anyway, hats off to our MP Jeremy who’s nagged Premier Chris Minns every chance he got since he was elected, about RDT. At least it’s a start and they promise to review it all in twelve months.
Love to everyone. Patience is wisdom really.
Michael Balderstone
Nimbin HEMP Embassy Head
When we first got the Legalise Cannabis Party registered in NSW, we told you that fixing the broken Roadside Drug Testing regime would be one of our top priorities.
Our first NSW MP, Jeremy Buckingham, has worked tirelessly since being elected to make this happen.
We can report that, finally, we have some progress.
Today the Premier Chris Minns is announcing significant changes to the way drivers using medicinal cannabis will be treated.
The reforms mean that drivers on prescribed medicinal cannabis will no longer automatically lose their licence just because THC is detected in their saliva.
To be eligible, drivers will need to:
- Enrol as a registered medicinal cannabis user with Transport for NSW
- Provide proof of a valid prescription
- Complete an online education program about cannabis and driving safety
A three-strike approach for registered users
The Government will introduce a three-strike approach, recognising that some drivers may test positive to THC despite using their medication lawfully and responsibly.
At the roadside:
- Registered medicinal cannabis users will still be subject to roadside drug testing
- A positive roadside test will result in a 24-hour driving ban while the sample is sent to the laboratory for testing
After the laboratory result:
- If THC is below the maximum threshold, there will be no charge or further action
- If THC is at or above the threshold, a first or second detection within two years will result in a warning letter, giving drivers the opportunity to adjust their dose or driving behaviour
- A third detection above the threshold within the same two-year period will result in a $704 fine and a minimum three-month licence suspension
The protections do not apply if:
- Alcohol is also present, or
- Any other illicit drug is detected
In those cases, the driver will face the standard drug driving offence.
The Government has committed to a Ministerial review of the system after one year.
We are currently examining the legislation in detail and identifying where it can be improved as it moves through Parliament.
Amongst other things, we will be seeking an amendment to provide a defence in court for drivers who hold a valid prescription, are unimpaired, but are not registered, whether because they have not yet registered, or because they are interstate drivers who cannot register at all.
The government has committed to have these reforms implemented this year.
However you look at it, this is progress, and one thing is certain: this is finally an acknowledgement that presence is not the same as impairment.
But this is just a start. There is more work to do on this Bill and the broader fight to fix Roadside Drug Testing continues. We will keep you updated.
Regards
Craig Ellis
State Director
Legalise Cannabis NSW Party
