Users of medicinally prescribed cannabis products could soon be allowed to drive in New South Wales, under a new proposal from the state government.
A new bill has received some support from Premier Chris Minns, according to AAP, which could see those with THC in their system offered a medical exemption if caught driving.
The bill was introduced by independent MP Alex Greenwich and co-sponsored by Legalise Cannabis MP Jeremy Buckingham.
Currently in New South Wales, those found operating a motor vehicle under the influence of drugs can be fined up to $2200 and have their licence disqualified for up to six months – increasing to $3300 for subsequent offences, with no set time limit for disqualification.
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While there are both drug-driving and drink-driving laws in Australia concerning impairment, the mere presence of THC in a driver’s system is enough to result in punishment. Drink-driving laws, in contrast, consider the amount of alcohol in a driver’s system, as well as whether this has led to impairment.
This means someone who has used products with THC can be charged with drug-driving, even if they are no longer impaired, as it can remain detectable for hours or even days after use.
“Hundreds of thousands of people are accessing [cannabis] as a legitimate health alternative to even more powerful drugs,” Mr Minns told a budget estimates hearing last week.
“We need a fit-for-purpose regime on New South Wales roads so we’re not disenfranchising people.
“We will draft our own legislation, but we’re actively considering a change in the policy.”
Meanwhile, since March 2025, magistrates in Victoria have had the option to decide whether or not to cancel driving licences for those found to have tested positive for THC – an active ingredient of cannabis – if the drug was legally prescribed.
The change comes amid a Victorian trial to evaluate the effects of medicinal cannabis on drivers.
The $4.9 million trial by Swinburne University of Technology is being conducted on a closed circuit, mimicking traffic conditions.
While driving under the influence of THC is illegal in Tasmania, the state provides an exemption for those with a medical prescription – provided they are not impaired.
With an estimated 400,000 people having access to medicinal cannabis across New South Wales, the Premier suggested roadside tests should assess driver impairment, rather than just being a binary check of THC within their system.
“We certainly don’t think anyone should be on the road if they’re impaired, and as with any medication, ultimately that comes down to people according with their prescribing doctor’s advice,” Mr Minns said.
However, the NRMA has raised concerns over the proposed changes.
“The concern is, how do you police it? How do you measure impairment?” NRMA spokesperson Peter Khoury told AAP.
“That’s the challenge that still hasn’t been addressed.”
Like Tasmania, several countries allow a medical defence for those caught driving with THC, including New Zealand and the UK.
Others, such as Germany, allow those with cannabis prescriptions to drive legally, but within strict regulations.
MORE: Australian state plans major crackdown on drug driving
