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# NSW Medicinal Cannabis Driving Laws Pass: Two Warnings, Then $722
- URL: https://www.carexplore.com.au/nsw-medicinal-cannabis-driving-laws-pass-two-warnings-then-722/
- Published: 2026-09-26T03:26:36.000Z
- Updated: 2026-09-26T03:26:36.000Z
- Description: NSW has passed legislation letting registered medicinal cannabis patients test positive without an automatic licence loss. Here is what it actually means at the roadside.
- Author: Dylan Anderson
- Tags: Car News, New South Wales, NSW, Road Safety

A positive roadside cannabis test in NSW will no longer automatically cost registered medicinal cannabis patients their licence. The Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026 has passed NSW Parliament, replacing a drug presence offence framework that Transport for NSW says included an immediate three-month loss of licence.

The reform is aimed at drivers using lawfully prescribed medicinal cannabis to manage conditions such as cancer, nausea, severe pain and PTSD.

[How NSW Driver Licences Are About to ChangeNSW drivers can now access a secure Digital Driver Licence and upgraded Digital Photo Card via the Service NSW app, offering safer, faster ID sharing.CarExploreDylan Anderson![](https://www.carexplore.com.au/content/images/2025/04/NSW-Digital-Drivers-License.webp)](https://www.carexplore.com.au/how-nsw-driver-licences-are-about-to-change/)

## What you have to do to be covered

The protection is not automatic. Under the new system you have to register with Transport for NSW, provide evidence of a valid prescription, and complete an online education program about cannabis and driving safety. Only then do you stop being automatically penalised solely because THC is detected in your system – and only if you meet the conditions and are not driving impaired.

## What happens if you test positive at the roadside

The test itself does not change. Police roadside drug testing continues, and a positive roadside test still means an immediate 24-hour driving ban while your sample goes to a laboratory, exactly as it does for any driver. There is also no change to the threshold for THC detection at the roadside.

What changes is what happens after the lab result. If THC comes back below the maximum threshold of 50 ng/ml, no further action is taken. At or above that threshold, a registered patient receives a warning for a first or second detection within two years. A third detection within two years brings penalties including a $722 fine and a minimum three-month licence suspension.

## Who the scheme does not cover

It is limited to NSW unrestricted licence holders. Learner and P-plate drivers are excluded, and so are commercial drivers. Registered patients cannot have any alcohol or other drugs in their system, and anyone showing signs of impairment will still be charged with serious driving under the influence offences, registered or not.

Standard drug driving penalties continue to apply where multiple illicit drugs are detected, and registered patients remain subject to post-crash blood and urine testing following serious crashes.

## When you can actually register

Not yet. Transport for NSW is still developing the education program, and implementation – including the registry and the education module – is expected to launch in late 2026 to early 2027\. Until it does, the existing rules apply. The new system will be reviewed after one year, in line with recommendations from the Drug Summit.

Minister for Roads and Regional Transport Jenny Aitchison said the impairment rule is unchanged:

> We cannot be any clearer: nobody should drive while impaired by cannabis, alcohol or any other drug. That is not changing, and drivers will continue to be tested.

The full announcement is on the [Transport for NSW media releases page](https://www.transport.nsw.gov.au/news-and-events/media-releases/nsw-government%E2%80%99s-medicinal-cannabis-driving-reforms-pass-nsw?ref=carexplore.com.au).

[More Than 7,000 NSW Drivers Were Booked in One Weekend. Here’s What Police FoundMore than 7,000 NSW traffic infringements were issued in one Operation RAID weekend. Here are the offences police found.CarExploreDylan Anderson![](https://www.carexplore.com.au/content/images/2026/09/nsw-operation-raid-roadside-checkpoint.webp)](https://www.carexplore.com.au/more-than-7-000-nsw-drivers-were-booked-in-one-weekend-heres-what-police-found/)

*Source: Transport for NSW media release, published 18 September 2026; ministerial media release from Minister for Roads and Regional Transport Jenny Aitchison dated Thursday, 17 September 2026.*