New South Wales has officially enacted a major overhaul of its drug-driving laws, creating a new system that will protect registered medical cannabis patients from automatic penalties solely because THC is detected in their system.
The Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Act 2026 received assent from the governor on September 23 and was published in the New South Wales Government Gazette on September 25 as Act No. 33 of 2026. The measure passed Parliament on September 17.
Under the law, patients with an unrestricted New South Wales driver’s license will be able to register with Transport for NSW as medical cannabis users. Applicants must provide evidence of a valid prescription and complete an education program covering cannabis and driving.
Once registered, a driver will not commit the state’s standard drug-presence offense simply because THC is detected, provided the concentration is below the legal threshold and several other conditions are met. The law establishes maximum THC concentrations of 50 nanograms per milliliter in oral fluid and 3.5 nanograms per milliliter in blood.
The protection does not apply if another illicit drug or alcohol is detected, and registered patients remain subject to laws prohibiting impaired driving. Learner and provisional drivers and certain other special-category drivers are also excluded from the exemption.
Roadside drug testing will continue under the new system. According to the New South Wales government, registered patients who test positive roadside will still receive an immediate 24-hour driving ban while their sample undergoes laboratory analysis. If the confirmed THC concentration is below the maximum threshold, no further action will be taken.
Patients at or above the threshold will generally receive written warnings for their first two positive detections within a two-year period. A subsequent offense can lead to a fine and license disqualification, with the law establishing an automatic six-month disqualification that a court may reduce to no less than three months.
Although the legislation is now law, the new protections are not yet in effect. The Act states that it will commence on a date or dates appointed by proclamation. The government has said the registry and education program are expected to launch in late 2026 or early 2027.
The system must also undergo a formal review after its first 12 months of operation, with the findings required to be presented to Parliament.
