[no bill text published] Exemptions from Driving Offences for Lawful Use of THC
Road Transport (Alcohol and Drugs) Amendment Bill 2026
Private Member's BillAssembly
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Police officers cannot take a person into custody if a drug screening device only finds THC; this applies if the officer believes the THC was used lawfully.
Drivers and driver trainers are not liable for having THC in their oral fluid or blood; this applies if THC was the only prescribed drug present and was used lawfully.
People are exempt from liability for having a prescribed concentration of drugs in their bodily fluid if only lawfully used THC is present.
Police officers cannot direct a person not to drive based on a drug test that only shows lawfully used THC; the officer must have reasonable cause to suspect the person's driving is actually impaired.
Lawful use of THC means the drug was obtained and used according to medicines and poisons laws.