The New South Wales Parliament has passed legislation that would prevent registered medical marijuana patients from automatically losing their licenses or facing other penalties solely because THC is detected in their system while driving.
The Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 passed both chambers of Parliament on Thursday and is now awaiting assent.
Under the legislation, eligible patients would be required to register with Transport for NSW, provide evidence of a valid medical marijuana prescription and complete an online cannabis and driving safety program.
Roadside drug testing would continue unchanged. A registered patient who tests positive for THC at the roadside would still be prohibited from driving for 24 hours while their sample is sent for laboratory testing.
If the laboratory test finds THC levels below 50 nanograms per milliliter, no further action would be taken. For results at or above 50 ng/ml, a patient would receive a warning for the first and second detection within a two-year period.
A third detection within two years would result in a $722 fine and a minimum three-month license suspension.
The protections would apply only to unrestricted license holders. Learner and provisional drivers, as well as commercial drivers, would remain subject to existing rules.
Registered patients would also be prohibited from having alcohol or other drugs in their system while using the new protections. Drivers showing signs of impairment could still be charged with driving under the influence, regardless of whether they are registered medical marijuana patients.
The New South Wales government says an estimated 300,000 people in the state use prescribed medical cannabis. Officials have argued that the existing system can penalize patients for the presence of THC even when they are not impaired.
“This reform recognises the growing number of patients using prescribed medicinal cannabis under their doctor’s orders,” the government said in announcing passage of the bill.
Transport for NSW is developing the required education program and registration system. Implementation is expected in late 2026 or early 2027.
The system is scheduled to undergo a review after its first year of operation.
