New Medicinal Cannabis and Driving – what is changing?

Medicinal Cannabis and Driving – what is changing?

In September 2026, the Government amended the Road Transport Act to allow those who are lawfully prescribed cannabis for medicinal purposes to drive on the road. The law is yet to be implemented and expected to be enacted from late 2026.

Under the new law, an exception is created for Drive with Illicit Drug Present in Oral Fluid if you meet the following:

1. You are a registered medical cannabis user;
2. THC is detected in your system – oral fluid, blood or urine;
3. No other prescribed illicit substance is detected;
4. Alcohol is not detected;
5. You hold a full drivers licence (i.e. not a ‘p’ plater)
6. You are not driving as a special category driver or supervisor of a driver;
7. Your licence is not suspended, expired or disqualified
8. You are not at or above the maximum concentration of THC, being 50ng/ml in your oral fluid, or 3.5ng/ml in your blood.

These amendments to come into force also saw the following amendments:

1. You must register as a medical cannabis user to Transport for NSW, which requires completion of the education program run by the Government and a valid prescription.
2. Warnings for first time offenders who exceed the maximum concentration allowed.

Should you face a criminal charge for driving with an illicit drug present, contact us today to discuss.

Phone: (02) 4626 5077

This publication is for general reference only and does not constitute legal advice. Specific legal advice should always be sought before taking any action based on this article.