In the Australian state of New South Wales, Sydney MP Alex Greenwich is introducing a bill for fairer driving laws for medical cannabis users.
In New South Wales, as in most other Australian states, there is no legal defence for driving while having a detectable THC level, whether or not medical cannabis has been prescribed and accessed legally. As THC can remain detectable for up to weeks after last consumption, driving laws in their current form are in effect a ban on driving for patients using medical cannabis; as even CBD preparations can have trace levels of THC.
According to the NSW Government:
“Roadside drug testing in Australia tests for THC in saliva. In NSW, it is an offence to drive (a) with the presence of THC in oral fluid, blood or urine; or (b) under the influence of THC. There is no medical defence to these offences specified
in the Road Transport Act 2013 (NSW) for using a prescribed cannabis medicine. There may also be insurance implications for patients who are convicted of these offences.”
Alex Greenwich wants the law to change. In September he teamed up with Legalise Cannabis Party’s Jeremy Buckingham to design reforms; and that work is now complete.
“The proposed legislation would initially allow drivers who test positive to cannabis to have the offence overturned in court on medical grounds, and after six months drivers will not be subject to a penalty notice if they have evidence that the THC was lawfully used (eg a medical prescription), and if the police officer is of the reasonable belief that they are not driving under the influence of THC or otherwise impaired.”
Mr Greenwich moved a motion in NSW parliament on Tuesday to introduce the Road Transport Amendment Medicinal Cannabis Bill 2025, the full text of which wasn’t available at the time of publishing but will be accessible here.
The bill’s co-sponsors are John Ruddick MLC, Roy Butler MP (Member for Barwon), Judy Hannan MP (Member for Wollondilly), Dr Joe McGirr (Member for Wagga Wagga) and Greg Piper MP (member for Lake Macquarie).
Mr Greenwich has identified as a medical cannabis patient, which he uses to treat post-traumatic stress disorder (PTSD).
This isn’t the first bill of its nature to be tabled in NSW Parliament, and during this year.
In May 2025, NSW Greens MLC Cate Faehrmann introduced the Road Transport Amendment (Medicinal Cannabis-Exemptions from Offences) Bill 2025, the object of which is to also exempt medical cannabis patients from driving offences where THC is detectable, but without driver impairment. The full text of the Amendment can be viewed here.
