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NSW Government Proposes THC Driving Limit for Medicinal Cannabis Users

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NSW Government Proposes Legal THC Limit for Medicinal Cannabis Drivers

The New South Wales government has announced proposed legislation to introduce a legal threshold for THC in the saliva of drivers with a medicinal cannabis prescription, allowing them to drive without facing automatic licence suspension under certain conditions. The reform follows a 2024 Drug Summit recommendation and a private members bill, and applies only to drivers on unrestricted licences.

Proposed Legal Framework

The legislation would establish a limit of 50 nanograms of THC per millilitre of saliva for drivers who have registered their prescription with Transport for NSW and completed a training course on cannabis and driving. Drivers without a prescription would continue to face penalties for any detectable trace of THC.

Under the proposed system:

  • Drivers who test positive for THC on a roadside saliva swab would face an immediate 24-hour driving ban while a laboratory analyzes the THC level.
  • If the lab result shows a THC level below 50 ng/mL, the driver would face no charges.
  • For medicinal cannabis patients whose lab results exceed the threshold, a warning would be issued for the first and second offence within a two-year period.
  • A third offence within two years would result in penalties including a minimum three-month licence suspension and a $704 fine.
  • The new system would be reviewed after one year.

"For medicinal cannabis patients whose lab results exceed the threshold, a warning would be issued for the first and second offence within a two-year period."

Key Context and Limitations

The reform applies only to drivers on unrestricted (full) licences. Registered medicinal cannabis users would remain subject to blood and urine testing following serious crashes.

Current NSW law penalizes drivers with any detectable THC in their system, regardless of impairment. Research cited by Professor Iain McGregor from the University of Sydney indicates that THC can be detected in the body for weeks after use, but impairment typically clears within hours.

Government Statements

Premier Chris Minns described the proposed changes as balancing practical needs of medicinal cannabis users with road safety protections for the community.

Minister for Roads Jenny Aitchison stated that little would change at the roadside, noting that roadside testing typically detects THC only a few hours after medication use.

Legislative History

The reform follows a 2024 Drug Summit recommendation calling for a medical defence for drivers using prescribed cannabis. The government initially did not accept the recommendation, seeking further advice. Independent MP Alex Greenwich introduced a private members bill in November 2024; Premier Chris Minns announced government legislation in March 2025. Greenwich withdrew his bill in April 2025 as reform became imminent.

Stakeholder Reactions

Independent MP Alex Greenwich, a medicinal cannabis patient, welcomed the announcement, stating it "prioritises road safety while allowing users to drive."

Jeremy Buckingham, Legalise Cannabis MP, described the 50 ng/mL threshold as "relatively low" but called the reform significant progress, noting that patients over the threshold do not automatically lose their licence.

"The reform reduces the dilemma of choosing between taking medicine and risking a licence." — Patient Jason Frost

Patient Experiences

Michael James, a former Australian army soldier with PTSD and chronic pain, reported receiving a $600 fine for having THC in his system despite not using medication for over 12 hours. He stated he was not impaired but was treated like a criminal under current law.

Patient Jason Frost expressed that the reform reduces the dilemma of choosing between taking medicine and risking a licence.

Medical Perspectives

Dr Will Tregoning, CEO of Unharm, stated that patients report the toll of current laws including job loss and loss of independence.

Professor Iain McGregor from the University of Sydney noted that prosecuting patients based on THC presence in saliva long after effects have worn off is inconsistent with current medical understanding of cannabis impairment.