I support the use of cannabis in medically supervised situations where it can bring relief to people suffering from serious illness, such as late-stage cancer. It is important patients accessing legal medications are not unfairly penalised with outdated legislation.
I support the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026, which was passed in September. In 2025 I co-sponsored a private member's Bill seeking to address this blind spot in the law. Therefore, I also supported the Government’s commonsense reform which treats medicinal cannabis users with dignity.
The Bill strikes a reasonable balance between road safety and the reality that medicinal cannabis is legal, increasingly common, and relied on by many to function in their daily lives. The reform, which has been long called for, closes a loophole that leaves users of medicinal cannabis containing THC at risk of being automatically penalised for using their legally prescribed medication. This means the offence of THC presence will not automatically apply to registered medicinal cannabis users.
With the exception of L‑plate, P-plate and commercial drivers, the Bill will require prescribed users to register with Transport for NSW, provide their prescription, and complete an online education program. If a registered user is tested roadside and THC appears in their system, they are still excluded from driving for 24 hours while their sample is tested. A three-strike rule will apply so that they are not punished until a third detection above the maximum threshold within a two-year period. This allows medicinal cannabis patients the opportunity to consult their doctor, or health professional about safely adjusting their dosage and driving choices when medicated.
The Bill does not allow for impaired driving, and rightly so. That is still an offence with serious consequences. Rather, it alters the penalty pathway for registered medicinal cannabis users and mandates safeguards, including driver education, a 24-hour driving ban following roadside detection, ongoing monitoring of the scheme, and, sensibly, a review of its operation after 12 months. It is only in the fullness of time the true outcome of the Bill will evident.
The exclusion of provisional and commercial drivers from the scheme, as well as those who are not authorised to drive, is another sensible precaution. I acknowledge the privacy concerns raised by medicinal cannabis users, as they will be required to register with Transport for NSW to access the exemption. An exemption listed on a driver’s licence can be checked roadside, rather than relying on the courts or other processes to verify they are a prescribed medicinal cannabis patient. It is also necessary to enforce mandatory driver education.
Some 10 years on since the use of medicinal cannabis was legalised in this country, laws must be enacted to reflect its use. The Bill means registered users will not be penalised for THC being present in testing, when driving unimpaired. They will not be forced to choose between their medicine and mobility.
The Government did not rush this Bill and were somewhat reluctant to be led by the Crossbench in this space. They felt it would be much better to introduce a Government Bill, to give the matter the highest level of consideration. This legislation will need to be reviewed with the fullness of time to assess its success and identify any amendments required to maintain its efficacy and fairness.
