NSW Legal Defence and Police Power Limits for Lawful THC Use

Road Transport Amendment (Medicinal Cannabis) Bill 2025

Independent Bill

14 May 2026: This bill was withdrawn by the person who introduced it.

Legislative Assembly

Legislative Council

Assent

Share this bill

Email Facebook X Bluesky

Topics

boating safety drug driving drug testing police powers road safety THC

Introduced by: Alex Greenwich MP (IND)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Drivers and vessel operators have a legal defence if THC was the only drug found and was used lawfully.
Police cannot issue fines or arrest people based on a THC oral fluid test if the person proves the THC was used lawfully.
Police cannot confiscate keys or vehicles for THC use if the person proves the THC was used lawfully.
This limit on police powers does not apply if the officer believes the THC was used unlawfully.
The limit also does not apply if the officer believes the person is under the influence of THC.
People can get their vehicles or keys back if they provide evidence of lawful THC use at a police station within 24 hours.

News articles and press releases

Road Transport Amendment (Medicinal Cannabis) Bill 2025

Mr ALEX GREENWICH, Member for Sydney — 2025-11-20

Both the Legislative Council Portfolio Committee No. 1 inquiry into the impact of the regulatory framework for cannabis in New South Wales and the 2024 NSW Drug Summit co-chairs’ report recommended an end to offences that criminalise medicinal cannabis users. These recommendations came from listening to experts and people with lived experience. The Road Transport Amendment (Medicinal Cannabis) Bill 2025 will exclude people who consume cannabis in accordance with a lawful prescription from the offence for driving with the presence of THC in their system, provided they are not driving under the influence, and have not been found to be driving with the presence of other illicit substances.