NSW Special Rules for Medical Cannabis Users - Drivers License Gets Marked that They Use Medical Cannabis, and a Maximum Blood Concentration Applies

Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026

13 Oct 2026: This bill has passed its first house and is now before the second house for its own debate.

Legislative Assembly

Legislative Council

Assent

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Topics

criminal penalties drug use medical cannabis police powers road safety road transport

Introduced by: The Hon Jenny Aitchison MP (ALP); The Hon John Graham MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

People with an unrestricted NSW driver licence can register as medical cannabis users. To do this, they must apply to Transport for NSW and prove they have completed an education program on using cannabis and driving.
Transport for NSW must decide on registration applications within 28 days (or a longer period set by regulation). If approved, the registration lasts until two months after the user's prescription expires.
Registered medical cannabis users will not be charged with a drug driving offence if only THC is found in their system and they are not a novice or special category driver. However, if THC is at or above the maximum concentration (50ng/mL in oral fluid or 3.5ng/mL in blood), they may commit a 'registered medical cannabis user offence'.
Registered medical cannabis users who have a positive THC detection will receive a formal warning instead of a charge if they have had fewer than two positive detections in the last two years and have never committed a registered medical cannabis user offence.
People convicted of a registered medical cannabis user offence can be fined up to 20 penalty units (2026: $2,200) and will be disqualified from holding a driver licence for six months (or a court-ordered period of at least three months).
Transport for NSW can cancel a person's medical cannabis registration if the registration was granted incorrectly, or if the person's driver licence is cancelled or disqualified.
Police officers can require a registered medical cannabis user to provide a breath analysis sample if the officer has arrested them and suspects they have any alcohol in their system.
For drug driving charges, the law presumes that if a drug is found in a person's oral fluid within two hours, or in their blood or urine within four hours of driving, the drug was present while they were driving unless the person proves otherwise.
Registered medical cannabis users charged with a THC offence can use a second analysis from a nominated doctor or lab to prove that no THC was present in their system. They cannot use this second analysis to argue that the THC concentration was simply below the legal limit.
Driving with morphine in the blood or urine is an offence that carries a fine of up to 20 penalty units (2026: $2,200) for a first offence and 30 penalty units (2026: $3,300) for later offences.
Driving with any other prescribed illicit drug in the system carries a fine of up to 20 penalty units (2026: $2,200) for a first offence and 30 penalty units (2026: $3,300) for later offences.
The Transport Minister must review these new medical cannabis driving rules after 12 months to see if they are working and report the findings to Parliament.

The Debate

What different members said when this bill was debated:

Cate Faehrmann GRN

“As The Greens spokesperson for roads, drug law reform and harm reduction, I contribute to debate on the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026. The Greens support this bill—not because it is a fantastic bill, but because supporting it is a better option than not supporting it.”

Official source →

Taylor Martin IND

“I support the Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026. I begin with the simplest statement of the problem that this bill exists to solve. For a decade now, medicinal cannabis has been a lawful, prescribed medicine in this country. Around 300,000 people in New South Wales alone hold a prescription for it.”

Official source →

John Graham ALP

“I thank each of them for their contribution. As members observed, the House has devoted quite a lot of time to this topic, by way of questions and answers and parliamentary inquiry, and also over the course of this and other debates.”

Official source →

News articles and press releases

Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026

Ms JENNY AITCHISON, Minister for Regional Transport — 2026-06-25

The bill introduces amendments in the Road Transport Act 2013 to drug driving laws. This will differentiate the offences and penalties that apply to drivers who are registered users of cannabis medicines and have tetrahydrocannabinol—or, what is commonly known as, and will be how I refer to it, THC—present in their system from the offences and penalties that apply to drivers who use cannabis that is not medically prescribed before driving.