New South Wales Proposal Would Be First in Australia to Let Medical Marijuana Patients Drive With THC in Their System
- New South Wales plans to introduce legislation allowing medical marijuana patients with THC in their system to drive legally, replacing the current zero-tolerance policy.
- The law would apply only to full license holders prescribed THC-containing medical marijuana, excluding learner, provisional, and commercial drivers, and requires proof of prescription and completion of an online safety program.
- Drivers testing above a THC threshold would receive a 24-hour ban pending confirmation; initial detections would result in warnings, with fines and license suspensions for repeated infringements, emphasizing impaired driving remains illegal.
- If passed, NSW would become the first Australian state to implement this system, while other states mostly maintain zero-tolerance or limited defenses for prescribed patients with THC in their system.
Legislation set to be introduced in New South Wales would make it the first state in Australia to create a legal pathway for medical marijuana patients to drive with THC in their system, replacing a strict zero-tolerance approach.
The proposal, announced by Premier Chris Minns, would apply only to people with a full, unrestricted driver’s license who have been prescribed medical marijuana containing tetrahydrocannabinol (THC). Learner, provisional and commercial drivers would remain excluded.
To take part, patients would need to provide proof of a valid prescription and complete an online safety program. Once approved, they would be allowed to drive as long as they remain below a maximum THC threshold.
The proposal comes as the number of medical marijuana patients in New South Wales continues to rise, with the state government saying patient numbers nearly doubled over a 12-month period.
“For thousands of people, medically prescribed cannabis is life-changing medication that is necessary for people to go about their daily lives,” Minns said.
Minns said the state already allows people to drive while taking many prescription medications, but current law does not provide the same treatment for people prescribed marijuana by a doctor.
Under the proposed system, an approved patient who tests above the THC threshold during a roadside test would receive a 24-hour driving ban while the sample is sent for laboratory confirmation. If the result is confirmed, the first and second detections during the first two years of the law would result in warnings.
A third confirmed detection would bring a $704 fine and a minimum three-month license suspension.
Officials emphasized that the change would not legalize impaired driving. Roads Minister Jenny Aitchison said patients would still face penalties if they are affected by marijuana or any other drug while behind the wheel.
“This change does not give anyone permission to drive a vehicle while affected by cannabis or any other drug,” Aitchison said. “If you are caught driving while impaired by drugs you will face the full force of the law.”
The plan was developed following work by an expert group that included representatives from transportation, health, police and independent agencies.
If passed, the policy would make New South Wales the first Australian state to adopt this type of system for medical marijuana patients. Most Australian states have zero-tolerance laws for drivers with THC in their system, while Tasmania allows a prescription to be used as a court defense and Victoria gives magistrates discretion in cases involving prescribed patients.
Drivers who test positive for any drug other than THC would continue to face charges under existing law.