By Michael Burt
The NRMA and medical experts continue to voice concerns about the NSW Governments proposed new driving laws for medicinal cannabis users.
The Labor government wants to introduce a legal limit on the concentration of tetrahydrocannabinol, known as THC, a driver can have in their system if they have a prescription.
The proposed Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 has not yet passed into law. It was introduced to the NSW Parliament by Roads Minister Jenny Aitchison in June and remains under consideration in the Parliament of New South Wales with opposition from the Liberals and the Nationals.
The NRMA says the; proposed new laws are a “misstep” as the road toll continues to rise.
NRMA spokesperson Pete Khoury said the new legislation would be counterproductive in trying to bring down the road toll.
“From day one, the NRMA has been opposed to the policy that the government has announced, and I know that we are not alone,” said NRMA spokesperson Pete Khoury.
“We are struggling to get the road toll down. More people are now dying of drug driving than they are drunk driving.”
The Labor government plans to introduce a legal limit on the concentration of tetrahydrocannabinol, known as THC, a driver can have in their system if they have a prescription.
Drivers with prescriptions with THC levels at or above 50 nanograms per millilitre of THC would receive warnings for a first or second detection within two years, while a third detection would attract penalties including a $704 fine and a minimum three-month licence suspension.
Drivers with prescriptions who test positive would still be prevented from driving for 24 hours. The scheme would apply only to unrestricted NSW licence holders.
To be eligible for the new system, drivers will be required to enrol as a registered medicinal cannabis user with Transport for NSW, provide proof of a valid prescription and complete an online education program about cannabis and driving safety.
Mr Khoury said equating blood concentration of THC with driving ability was not the same.
“We know that with cannabis, it’s the same as alcohol, it affects people in different ways.”
“Medical experts have consistently said, and certainly the doctors that we’ve spoken to have consistently said, you cannot accurately measure impairment. We are deeply concerned about going in half blind and effectively what is a guessing game.”
Mr Khoury said the NRMA sympathetic to those “doing the right thing” but doesn’t support them driving.
There are around one million medicinal cannabis users in Australia, with up to a third (over 300,000) estimated in NSW and growing, with the number of cannabis medicines dispensed each month in NSW almost doubling in a 12-month period.
The Australian Medical Association (AMA) says it recognises the challenges faced by patient who are legally prescribed medicinal cannabis and rely on it to manage chronic health conditions.
“We also recognise that many patients, particularly in rural and regional communities, depend on their driver’s licences to access work, healthcare and everyday activities,” The AMA said
“However, road safety must remain the overriding consideration. Unlike alcohol, there is currently no universally accepted scientific threshold that can reliably determine whether a person is impaired by cannabis.”
Minister for Roads Jenny Aitchison said the reforms recognised that road laws had not kept pace with the growing use of prescribed medicinal cannabis.
“The issue is a complicated one and it’s important we strike a balance between keeping our roads as safe as possible, while also ensuring people using medicinal cannabis on prescription can drive a vehicle where they are not under the influence,” Ms Aitchinson said.
“We want to give drivers two warnings, so they can manage their medicine use and driving. If caught a third time they will be charged with an offence and face penalties, including licence suspension.”
“For a decade, medicinal cannabis has been prescribed by doctors to help patients manage serious health conditions, but the road rules have not kept pace with that reality.”