The information outlined on this page is a NSW Government proposal only. All drivers are reminded that it remains an offence to drive with THC present in their system, including drivers who are prescribed medical cannabis. Penalties apply.
Proposed changes to drug driving laws for people taking medical cannabis
The NSW Government is proposing changes to drug driving laws to improve fairness for drivers who are prescribed medical cannabis that contains THC. It is currently an offence for any person to drive with THC present in their system (‘drug presence’ offence).
Under the proposed changes, eligible NSW drivers who register with Transport for NSW (Transport) would be exempt from the drug presence offence if they are detected with THC present.
However, a new offence that is specific to registered medical cannabis patients and has a new penalty approach would apply if the THC was above a defined amount.
If any other illicit drugs or alcohol were present in addition to the THC, current drug driving offences and penalties would continue to apply.
All drivers will continue to be drug tested at the roadside and, if they test positive, will continue to be banned from driving for 24 hours.
The new approach will only be available to NSW licensed drivers on an unrestricted licence and excludes some licence types and circumstances (see below). It would apply only to drug presence offences that occur on NSW roads.
Proposed eligibility and excluded drivers
Registering with Transport will be voluntary but will be the only way that a driver who uses medical cannabis could benefit from the new approach. Registration status will be recorded on a driver’s licence record and their digital driver licence.
To register, patients taking medical cannabis must hold a NSW unrestricted driver licence. They will also need to provide proof of a valid cannabis medicine prescription (on application and renewal) and complete an online education program on cannabis and driving.
The exemption and new offence will not be available to any person driving on a learner, provisional or interlock licence, who is unauthorised to drive, driving a bus, taxi, rideshare vehicle, certain heavy or dangerous goods vehicle or working as a driving instructor.
Warnings for the proposed new offence
The new registered medical cannabis user offence will have an alternative approach to penalties.
For a first or second detection, a warning letter will be issued – but no other penalties are proposed. This will allow drivers to review and discuss their medication with their doctor, so they can better separate their driving from their cannabis medicine use.
A third positive detection within two years will be an offence. Penalties, including loss of licence, will apply. Any subsequent detections will also be treated as offences.
Key roadside steps and testing will remain the same
Under the proposed reforms, drivers taking prescribed cannabis medicines will continue to be roadside drug tested – just like all other drivers.
If any driver (including a medical cannabis patient) tests positive for a drug at the roadside, they will continue to receive a 24-hour driving ban – consistent with current roadside steps. This is to manage road safety risk, and because the concentration of a drug is not known at the roadside.
The new approach will apply after a driver’s result is checked in a laboratory, when a decision will be made about charges – including whether the driver is exempt or the registered user offence applies.
Registered medical cannabis patients will not be exempt from post-crash blood and urine testing if involved in a fatal crash.
They will also continue to face serious charges if they were detected driving while showing signs that they are impaired. These are important ongoing measures to reduce safety risk and ensure thorough investigation after our most serious crashes.
Other driving offences will continue to apply
The proposed changes provide a fairer approach for one type of driving offence in NSW law only – the drug presence offence. These is no change to any other traffic laws or enforcement.
Any driver, including a registered medical cannabis patient, who is detected driving while impaired by drugs will continue to face consequences.
Why are the changes proposed?
These changes are proposed in response to a recommendation from the NSW Drug Summit and following careful consideration.
Many people taking cannabis medicines currently face a choice between their health and being able to access transport for themselves, their work and their families.
The proposed change will give people taking prescribed cannabis medicine the opportunity to drive without risk of being charged with an offence if they meet key conditions, and to responsibly manage their medicine use and driving decisions.
The changes are a balanced redress of drug driving law – to make enforcement fairer and more reflective of community health needs, but with safeguards for road safety.
It does not give any driver permission to drive while impaired by medicine or other drugs – that remains a serious driving offence.
What qualifies as medical cannabis?
The term cannabis medicines describe a range of cannabis products used for therapeutic purposes. This change would apply to cannabis medicines that contain THC.
A driver must have (and continue to hold) a valid prescription for medical cannabis issued by a registered medical practitioner or authorised nurse practitioner. There are both approved and many unapproved medicines that can legally be prescribed and are used for various conditions. More information about cannabis medicines is available from NSW Health.
More information about the risks and current approach to drugs and driving can be found at Drugs & Driving.
https://www.transport.nsw.gov.au/roadsafety/topics-tips/drugs/medical-cannabis
