What transport operators need to know
The NSW Government has passed legislation changing how some drivers who use lawfully prescribed medicinal cannabis will be treated under roadside drug-driving laws. The change is limited and does not relax the requirements applying to commercial drivers.
Current status:
The legislation received assent on 24 September 2026, but the new registration scheme is not yet operating. Implementation is expected in late 2026 or early 2027. Until it formally commences, the existing NSW drug-driving laws continue to apply.
What is changing:
Once the scheme begins, eligible medicinal-cannabis patients will be able to register with Transport for NSW. To qualify, a driver must:
• hold an eligible NSW unrestricted driver licence
• have a valid medicinal-cannabis prescription
• register with Transport for NSW
• complete the required cannabis and driving-safety education programme
• comply with all conditions of the scheme
Roadside testing will continue:
A registered driver who returns a positive roadside test will still receive an immediate 24-hour driving prohibition while the sample is sent for laboratory analysis.
If the laboratory result is below the prescribed THC threshold of 50 ng/mL, no further action will be taken. At or above that threshold, a first or second detection within two years will result in a warning. A third detection within two years will attract penalties, including a fine and licence suspension.
Who is excluded?
The scheme will not apply to:
• commercial drivers
• learner drivers
• provisional or P-plate drivers
• drivers who have alcohol or another prescribed illicit drug in their system
• drivers who are impaired by medicinal cannabis
• drivers who have not completed the registration requirements
What this means for transport employers:
Transport operators should continue applying their existing drug and alcohol policies and fitness-for-work requirements. The reforms do not:
• give commercial drivers permission to drive with THC present
• create a general exemption for employees with a medicinal-cannabis prescription
• prevent employers from managing risks associated with prescription medication
• override workplace drug and alcohol policies
• remove an employee’s responsibility to report fit and safe for work
A prescription confirms that medicinal cannabis has been lawfully supplied. It does not automatically establish that a worker is fit to drive, operate machinery or perform other safety-sensitive duties.
Recommended actions:
Transport and logistics employers should consider:
• Inform employees clearly that the new scheme does not apply to commercial driving
• Reviewing their drug and alcohol policies to ensure medicinal cannabis and other potentially impairing prescription medications are addressed
• Reminding employees of medication-disclosure and fitness-for-work requirements
• Managing positive test results and medication disclosures consistently and confidentially
• Avoiding treating a prescription alone as proof that a worker is fit for duty
The key message
For transport businesses, there is no relaxation of the requirements applying to commercial drivers.
Commercial drivers are excluded from the NSW medicinal cannabis driving reforms. Employers should continue to place safety, fitness for work and compliance with workplace policy at the centre of their approach.
TDDA can assist employers with reviewing drug and alcohol policies, to ensure they remain appropriate for their individual workplaces.
Official source
NSW Government: Medicinal cannabis driving reforms pass NSW Parliament
Information current as at 29 September 2026. This update provides general information and is not legal or medical advice.