Users of medically prescribed cannabis products could soon be allowed to drive in New South Wales under a new proposal from the state government.
A new bill has received some support from Premier Chris Minns, according to the AAP, which could see people with THC in their system granted a medical exemption if they are caught driving.
The bill was introduced by independent MP Alex Greenwich and co-sponsored by Legalize Cannabis MP Jeremy Buckingham.
Currently in New South Wales, anyone found driving under the influence of drugs can be fined up to $2,200 and have their license suspended for up to six months. Subsequent violations can result in the driver’s license being revoked up to $3,300, with no time limit set for the revocation.
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Although Australia has both drug and drunk driving laws regarding impairment, the mere presence of THC in a driver’s system is enough to result in a penalty. In contrast, drunk driving laws take into account the amount of alcohol in a driver’s system and whether it caused impairment.
This means that someone who has consumed products containing THC can be charged with drug-impaired driving even if the impairment is no longer present, as the drug can remain detectable for hours or even days after consumption.
“Hundreds of thousands of people use (cannabis) as a legitimate health alternative to even more powerful drugs,” Mr Minns said at a budget estimates hearing last week.
“We need fit-for-purpose regulation on the roads of New South Wales so we don’t disenfranchise people.
“We will draft our own legislation but are actively considering changing the policy.”
Meanwhile, since March 2025, judges in Victoria have had the ability to decide whether or not to revoke the driver’s license of people found to have tested positive for THC – an active ingredient in cannabis – if the drug was legally prescribed.
The change comes as part of a Victorian trial to assess the effects of medical cannabis on drivers.
The $4.9 million trial from Swinburne University of Technology will be conducted on a closed race track that mimics traffic conditions.
While driving under the influence of THC is illegal in Tasmania, the state provides an exemption for those with a doctor’s prescription – as long as they are not impaired.
With an estimated 400,000 people across New South Wales having access to medical cannabis, the Prime Minister suggested road tests should assess driver impairment and not just be a binary check of the THC in their system.
“We certainly don’t believe anyone should be out on the streets if they’re impaired, and as with any medication, it ultimately comes down to people following the advice of their prescriber,” Minns said.
However, the NRMA has raised concerns about the proposed changes.
“The concern is, how do you monitor this? How do you measure the impairment?” NRMA spokesman Peter Khoury said AAP.
“That’s the challenge that still hasn’t been addressed.”
Like Tasmania, several countries, including New Zealand and the United Kingdom, allow a medical defense for those caught driving with THC.
In other countries, such as Germany, people with cannabis prescriptions are allowed to drive legally, albeit under strict regulations.
MORE: The Australian government is planning a comprehensive crackdown on drugged driving
