Medical cannabis patients in Australia's most populous state will soon be allowed to drive without fear of losing their licence under a new exemption announced by the New South Wales government. The reform, affecting more than 300,000 patients across the state, is set to be introduced as a bill in Parliament, taking what Premier Chris Minns described as a 'more commonsense approach' to balancing patient needs with road safety.
Key details of the scheme
To be eligible, drivers holding an unrestricted licence must enrol as a registered medicinal cannabis user with Transport for NSW and provide proof of a valid prescription. Under the proposed arrangements, registered patients who return a roadside THC (tetrahydrocannabinol) result below 50 ng/mL will be permitted to continue driving. They will also avoid automatic licence suspensions that currently arise when THC is detected, and most matters will no longer need to be dealt with through the courts.
Three-strike system
A three-strike system will be enforced for readings exceeding the threshold. Drivers will receive two warnings, followed by a fine of $704 and a minimum three-month licence suspension on the third offence. The government emphasised that road safety remains the central priority, with safeguards built in to allow police to respond strongly to dangerous driving behaviour.
Reactions from advocates and critics
Legalise Cannabis Party MP Jeremy Buckingham praised the reforms for creating a fairer framework while maintaining road safety as the paramount consideration. 'For the first time, medicinal cannabis patients will not automatically lose their licence,' he said. 'No patient should be forced to choose between following their doctor's advice and keeping their driver's licence.'
However, the NRMA has previously criticised such proposals, citing road safety concerns. Spokesman Peter Khoury questioned how impairment would be measured, stating: 'The concern is, how do you police it? How do you measure impairment? That's the challenge that still hasn't been addressed.'
Context and other trials
The move follows a world-first trial in Victoria, which began in March 2025, evaluating the effects of THC-prescribed medicinal cannabis on driving performance within a controlled-track environment. Victorian motorists with medical cannabis in their system who are not impaired no longer face automatic driving bans. The number of cannabis medicines dispensed each month in NSW has almost doubled over a 12-month period, highlighting the growing need for regulatory reform.
