NSW introduces THC driving limit for medicinal cannabis patients
Consensus Summary
New South Wales will implement a legal THC limit of 50 nanograms per millilitre in saliva for medicinal cannabis patients, allowing them to drive without facing drug driving charges if they test below this threshold. The reforms, announced on June 3, 2026, follow recommendations from the 2024 Drug Summit and pressure from Independent MP Alex Greenwich, who withdrew his private members bill after the government committed to drafting legislation. Patients must register their prescriptions with Transport NSW and complete driver training, while roadside detections will still trigger a 24-hour driving ban pending lab results. Those who exceed the limit three times in two years face a $704 fine and a three-month licence suspension. The policy aims to balance road safety with patient access, though critics argue current laws disproportionately affect regional residents who rely on driving for essential services. Supporters, including patients like Jason Frost and Michael James, highlight the unfairness of penalties for trace THC levels long after impairment has cleared, while road safety officials emphasize the need for caution.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- The NSW Labor government will introduce a legal THC limit of 50 nanograms per millilitre in saliva for medicinal cannabis patients driving, allowing them to avoid drug driving charges if below this threshold.
- Drivers with medicinal cannabis prescriptions must register their prescription with Transport for NSW and complete a driver training course.
- Patients who test above the 50 ng/mL THC limit will receive two warnings before facing a $704 fine and a minimum three-month licence suspension for the third offence within two years.
- Drivers caught with THC on a roadside tongue swab will face an immediate 24-hour driving ban, even if the lab result is below the legal limit.
- The reforms follow recommendations from the 2024 Drug Summit and pressure from Independent MP Alex Greenwich, who introduced a private members bill in November 2025.
- The new system will apply only to drivers with an unrestricted licence, and registered users will still be subject to blood and urine testing after serious crashes.
- The policy aims to balance road safety with access to medicinal cannabis, with Premier Chris Minns stating it will enable patients to drive while maintaining protections for the community.
- The reforms were announced on June 3, 2026, with legislation expected to be drafted following Premier Minns’ budget estimates reveal in March 2026.
Points of Difference
Details reported by only one source:
- Minister for Roads Jenny Aitchison stated that the testing regime would generally detect THC for only 'a couple of hours' after medication is taken.
- Former marine Jason Frost, a medicinal cannabis patient from outside Wagga Wagga, welcomed the reforms, citing the need to drive for daily activities like volunteering and visiting family.
- The ABC reported that the government initially rejected the 2024 Drug Summit’s recommendation for roadside assessment of medicinal cannabis use, citing the need for further bureaucratic advice.
- Legalise Cannabis MP Jeremy Buckingham called the 50 ng/mL threshold 'relatively low' but noted it was 'significant progress' as it prevents automatic licence loss for patients over the limit.
- Michael James, a former army veteran with PTSD and chronic pain, was fined $600 for THC in his system despite not using medication for over 12 hours, claiming cannabis makes him 'safer on the roads'.
- Dr Will Tregoning of Unharm stated that outdated laws have led to job losses, loss of independence, and forced patients to choose between health and their licence, particularly affecting regional NSW residents.
- Prof Iain McGregor from the University of Sydney’s Lambert Initiative noted that THC can be detected for weeks but impairment typically clears within hours, calling prosecutions based on lingering THC levels 'manifestly unjust'.
Contradictions
Conflicting information between sources:
- The ABC states the 2024 Drug Summit recommended a medical defence for drivers using prescribed cannabis 'including an option for it to be assessed at the roadside,' while the Guardian does not mention this specific roadside assessment detail.
Source Articles
THC driving limit to give 'freedom' to medicinal cannabis patients in NSW
The Labor government plans to introduce a legal limit on the concentration of THC, a driver can have in their system if they have a prescription.
NSW motorists who use medicinal cannabis may soon be able to drive without fear of major penalty
Premier Chris Minns says changes would balance road safety and a more practical approach for medicinal cannabis users Get our breaking news email , free app or daily news podcast Motorists who use medicinal cannabis may soon be able to drive on New South Wales roads without fear of a severe penalty as the Minns government announces long-awaited reforms. The government announced on Thursday it would introduce legislation which would see drivers with a medicinal cannabis prescription no longer fac