NEW SOUTH WALES — The New South Wales government announced legislation on Thursday that would allow drivers with a medicinal cannabis prescription to operate a vehicle with THC in their system up to a specified threshold, ending automatic licence suspensions and fines. Under the proposed laws, motorists with a full licence who are registered with Transport NSW as medicinal cannabis users would no longer face a mandatory three-month suspension or penalty solely due to the presence of THC.
Drivers who test positive for THC would still be issued a 24-hour driving ban while laboratory testing confirms whether their levels exceeded the allowable threshold. If the test shows THC above the limit, the driver would receive a warning on the first and second occasions to adjust their medication use. A third violation within two years would result in a minimum three-month licence suspension and a $704 fine.
Premier Chris Minns said the reforms recognize the realities faced by patients who rely on prescribed cannabis. “For thousands of people, medically prescribed cannabis is life-changing medication that is necessary for people to go about their daily lives.” Minns said. He added, “These changes strike a careful balance of providing a more practical approach for medicinal cannabis users while maintaining strong road safety protections for the community.”
Prof Iain McGregor, academic director of the Lambert Initiative for Cannabinoid Therapeutics at the University of Sydney, supported the move, citing scientific evidence on impairment. “THC can be detected in the body for weeks after cannabis use but research shows impairment typically clears within hours.” he said. McGregor added, “We’ve also shown that THC concentrations in blood and saliva are poor and inconsistent indicators of impairment. Prosecuting patients on the basis of THC presence in saliva, long after any effect has worn off, is manifestly unjust.”
Independent MP for Sydney Alex Greenwich, who has advocated for reform and is himself a medicinal cannabis patient, welcomed the announcement. “As someone who is a medicinal cannabis patient, I know first-hand the positive benefits it can have for my sleep and anxiety management.” Greenwich said. He added, “As an MP, I’ve also heard from people across NSW whose lives have been unfairly limited by laws that have not kept pace with modern medicine.”
The government noted that approximately 1 million Australians use medicinal cannabis, with up to one-third residing in NSW. Under the new system, registered users would be able to drive legally while managing their health conditions, provided they remain within the THC threshold.