Driving with Medicinal Cannabis in NSW

Medicinal Cannabis and Driving in NSW: What You Need to Know

With the growing use of medicinal cannabis in Australia, many patients are asking a vital question: Can I legally drive while using medicinal cannabis? The answer isn’t as straightforward as you might hope — it all comes down to the type of medicinal cannabis you're prescribed and how it affects you.

🧠 Step 1: Know What You’ve Been Prescribed

Understanding the type of medicinal cannabis you've been prescribed is critical when it comes to driving legally and safely. Your Authorised Prescriber will tell you what your prescription contains.

Cannabidiol (CBD-Only)

✅ Driving is permitted — as long as you're not impaired.CBD-only products do not contain THC, the psychoactive component of cannabis that causes a "high." However, this doesn’t mean CBD is completely risk-free when driving. Side effects such as drowsiness, fatigue, and low blood pressure can occur, especially at higher doses or when combined with other medications. So even if you’re legally allowed to drive, you must ensure you are not impaired.

CBD + THC or THC-Only Products

🚫 Driving is NOT permitted — at all.If your medication contains any THC, it is illegal to drive in NSW with any detectable amount in your system, regardless of whether you feel impaired or not. This includes:

• Mixed CBD/THC products

• THC-only medications

It’s also important to note that THC-containing products are contraindicated for commercial drivers and people in safety-critical roles such as:

• Heavy vehicle operators

• Public passenger vehicle drivers

• Emergency services personnel

• Workers handling dangerous goods

🚦 Step 2: Understand the Legal Risks

Australia has a zero-tolerance policy for THC when it comes to driving. Even if you're legally prescribed medicinal cannabis, it doesn't protect you from being penalised if you test positive for THC during a roadside drug test.

Reminder: A prescription is not a defence.

If you test positive:

• You’ll be banned from driving for at least 24 hours immediately.

• In certain circumstances, NSW police also have the power to immobilise vehicles and detain drivers suspected of drug driving.

What are the penalties for driving with THC in your system?

Penalties for First Offences

For a first drug driving offence in NSW, the penalties can include:

• A maximum fine of $2,200

• An automatic licence disqualification period of 6 months

• A minimum licence disqualification period of 3 months

These penalties apply to drivers found with the presence of illicit drugs in their system, even if their driving ability was not impaired.

Penalties for Repeat Offences

Repeat drug driving offenders face harsher penalties in NSW:

• A maximum fine of $3,300

• An automatic licence disqualification period of 12 months

• A minimum licence disqualification period of 6 months

These increased penalties reflect the seriousness of repeated drug driving offences and the danger posed to public safety.

In addition to these primary penalties, the court may impose other sanctions such as:

• Prison sentences for the most severe cases

• Participation in drug education and rehabilitation programs

• Installation of alcohol interlocks for combined alcohol and drug offences

• Vehicle sanctions, such as confiscation of number plates or vehicles

The specific penalty given in each case will depend on the individual circumstances and the discretion of the court. Factors such as the driver’s character, the level of drugs detected, and any aggravating or mitigating factors will be considered during sentencing.

It’s important to note that a drug driving conviction will also result in a criminal record, which can have long-term consequences for employment, travel, and other aspects of life. Seeking legal advice from experienced drug driving lawyers can help navigate the complexities of the legal system and work towards the best possible outcome.

❓ FAQ: How Long Does THC Stay in Your System?

This is one of the most common and most complex questions — and unfortunately, there’s no one-size-fits-all answer.

The time THC remains detectable varies depending on:

• The dose and frequency of your medication

• How the product is administered (inhaled, ingested, sublingual, etc.)

• Your metabolism and body composition

Some people may test positive days after use, while others may take even longer to clear it from their system.

🚘 “But I’m Not Impaired!”

Even if you feel fine, the law in NSW doesn’t care about how you feel — it only cares about whether there is any THC in your system. If it’s detected, you’ve committed an offence.

Final Thoughts

If you're using medicinal cannabis, your safety and legal standing depend on knowing your product. Always consult with your healthcare provider about your ability to drive, and when in doubt — don’t drive.

Stay informed. Stay safe. And if you’re ever unsure, it’s always better to err on the side of caution — both for your own well-being and everyone else on the road.