In New South Wales, the state government has announced a new plan for users of medicinally prescribed cannabis products to be allowed to drive under ‘the law that allows people to use their drug-stuffing product’.
A new bill has received some support from Premier Chris Minns, according to AAP, which could see those with THC in their system offered a medical exemption if caught driving.
The bill was introduced by independent MP Alex Greenwich and co-sponsored by Legalise Cannabis MP Jeremy Buckingham.
A person found driving a motor vehicle under the influence of drugs can be fined up to $2200 and their licence disqualified for upto six months – increasing to $3300 for further offences, with no time limit for disqualification.
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Drug-driving and drink-driver laws in Australia regarding impairment, while there are both drug-Driver’s and the THC that is present in a driver’. In contrast, drink-driving laws take into account the amount of alcohol in a driver’s system and whether this has led to impairment.
For example, if someone has been on THC products and is no longer impaired, this means that they can be charged with drug-driving (it remains detectable for hours or even days after use).
Mr Minns told a budget estimates hearing last week that hundreds of thousands of people are using [cannabis] as ‘an authentic health alternative to even more powerful drugs’.
“We need a fit-for-purpose regime on New South Wales roads so we’re not disenfranchising people.
“We will draft our own legislation, but we’re actively considering a change in the policy.”
In Victoria, magistrates have ruled since March 2025 whether or not to cancel driving licences for those who tested positive THC – an active ingredient of cannabis – if the drug was legal.
The change comes amid a Victorian trial to evaluate the effects of medicinal cannabis on drivers.
The $4.9 million trial by Swinburne University of Technology is being conducted on a closed circuit, mimicking traffic conditions.
The state provides an exemption for those with a medical prescription while driving under the influence of THC in Tasmania, provided they are not impaired.
As a result of an estimated 400,000 people having access to medicinal cannabis across New South Wales, the Premier suggested roadside tests should be used to assess driver impairment rather than just being’binary check of THC within their system’.
Mr Minns said ‘We certainly don’t think anyone should be on the road if they’re impaired, and as with any medication we ultimately down to people according to their prescribing doctor’s advice.
However, the NRMA has raised concerns over the proposed changes.
“The concern is, how do you police it? How do you measure impairment?” NRMA spokesperson Peter Khoury told AAP.
“That’s the challenge that still hasn’t been addressed.”
Like Tasmania, several countries allow a medical defence for those caught driving with THC, including New Zealand and the UK.
Others, such as Germany, allow those with cannabis prescriptions to drive legally, but within strict regulations.
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