Thousands of medicinal cannabis patients in New South Wales could soon benefit from one of the biggest changes to the state’s driving laws in years, after the Minns government announced plans to overhaul how prescribed cannabis users are treated during roadside drug testing.
The proposed reform aims to address a long-running concern among patients, doctors and advocates who argue that current laws can penalise drivers for the presence of THC in their system, even when they are legally using medicinal cannabis and are not impaired behind the wheel.
While the legislation still needs to pass through parliament, the proposal signals a significant shift in how NSW approaches medicinal cannabis and road safety. Rather than relying solely on the detection of THC, the new framework would introduce a threshold-based system and a three-strike model for eligible drivers.
Under the proposed rules, registered medicinal cannabis users would continue to face roadside drug testing. However, a positive roadside result would trigger an immediate 24-hour driving ban while laboratory analysis is completed.
If laboratory testing shows THC levels below the government’s prescribed threshold, no charges would be issued and no further action would be taken. Drivers who exceed the threshold would receive warning letters for a first and second detection within a two-year period.
A third detection within two years could result in a fine of up to $704 and a minimum three-month licence suspension.
The changes would not apply in situations involving alcohol, multiple drugs, other prohibited substances or cases where police determine a driver is impaired. Existing drug-driving penalties would remain in force in those circumstances.
Who Will Be Eligible Under the New NSW Cannabis Driving Rules?
The proposed scheme would be limited to unrestricted licence holders and would exclude learner drivers, provisional licence holders and commercial drivers.
To qualify, motorists would need to register as medicinal cannabis users with Transport for NSW, provide evidence of a valid prescription and complete an online education program covering cannabis use and road safety responsibilities.
Even registered participants would still be subject to blood and urine testing following serious crashes and could face prosecution if they are found to be driving while impaired.
The reform reflects the growing role medicinal cannabis now plays in Australia’s healthcare system. Around one million Australians use medicinal cannabis products, with estimates suggesting up to one-third of those patients are based in NSW. The number of prescribed cannabis medicines has also increased sharply over the past year.
Independent MP Alex Greenwich has been among the strongest advocates for change, arguing that many medicinal cannabis patients have faced an unfair choice between following medical advice and maintaining their ability to drive to work, attend appointments or support their families.
Greens MP Cate Faehrmann welcomed the proposal, describing it as a long-overdue update that better reflects the reality of medicinal cannabis treatment in Australia. She also noted that existing laws have created unnecessary pressure on patients and the court system.
Premier Chris Minns said the government remains focused on balancing fairness for medicinal cannabis users with the need to maintain strong road safety protections.
âThese changes strike a careful balance of providing a more practical approach for medicinal cannabis users while maintaining strong road safety protections for the community,â Minns said.
The NSW government has confirmed the reforms would be reviewed after one year to evaluate their impact on road safety outcomes and compliance.
Further information about medicinal cannabis regulations and patient guidance is available through the NSW Government.
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The announcement comes as Australian governments continue to modernise licensing and transport systems. Similar efforts can be seen in Western Australia, where authorities are preparing for a digital driver’s licence rollout in 2027, highlighting broader changes taking place across the country’s transport sector.
If approved, the NSW reforms could become a closely watched model for other states considering whether road laws should place greater emphasis on driver impairment rather than the simple presence of a legally prescribed medicine.
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