Road safety information · AustraliaMedicinal Cannabis and Driving in Australia
Drug-driving law is set by each state and territory and is changing. Use this page as a starting point, then confirm the current rule with your own road authority before driving.
Last checked: 10 September 2026 · General information, not legal advice.
Positions below were checked on 10 September 2026. In most states and territories it is an offence to drive with THC present regardless of whether you are impaired or hold a valid prescription. Tasmania has taken a different approach.
The rule in each state and territory
New South Wales
NSW is the state most likely to have changed since this page was last checked. Transport for NSW stated that it was an offence for any person to drive with THC present, including drivers prescribed medical cannabis. [1] The Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 had passed the Legislative Assembly and was before the Legislative Council at that date. Whether it has since commenced is a question for Transport for NSW. [2]
Victoria
It is an offence in Victoria to drive with any amount of THC present, including THC from medicinal cannabis. [3] The 1 March 2025 change did not create a defence. Transport Victoria says a valid prescription cannot be used as a defence against a charge of testing positive for THC; magistrates have discretion over licence cancellation. [3] The ACT Government describes the change the same way: it did not change the nature of the offence. [6]
Queensland
The Queensland Government says it is illegal to drive if you are being treated with medical cannabis that contains THC, and a valid prescription cannot defend a positive roadside drug test. [4] Increased drug-driving penalties were announced in 2026, so check the current position before relying on this page.
Western Australia
The WA Department of Health says it is an offence to drive with THC present regardless of whether it comes from prescribed legal medicinal cannabis or illicit recreational cannabis, and recommends that people using medicinal cannabis do not drive. [5] WA has no defence for prescribed patients. [6]
South Australia
South Australian road law makes it an offence to drive with THC, methylamphetamine or MDMA present in oral fluid or blood. The Driver's Handbook says the presence of any amount of the drugs tested is an offence. [7][12] SA Health advises that patients should not drive or operate machinery while being treated with medicinal cannabis. [13]
Tasmania
Tasmania is the only Australian jurisdiction with a defence for prescribed patients. The Tasmanian Department of Health says driving with detectable THC is an offence unless the product was obtained and administered in accordance with the Poisons Act 1971. [8] The defence applies to the presence offence only; the impairment offence still applies, and the department recommends that patients do not drive while being treated with medicinal cannabis. [8]
Australian Capital Territory
The ACT has a zero-tolerance approach to drug driving and says it is an offence to drive with certain drugs in your system regardless of whether you appear impaired. [9] In March 2026 the ACT Government declined to introduce a defence, stating that presence-based offences remained its policy position. [6]
Northern Territory
Random roadside saliva testing operates in the NT and detects THC. There is no defence for prescribed patients. [10][6] The NT Government's public information provides less specific medicinal-cannabis guidance than the other jurisdictions, so check the authority directly.
CBD-only products
Roadside testing looks for THC, not CBD. [9] Victoria is the only state that explicitly says patients taking cannabidiol-only medicines can lawfully drive as long as they are not impaired. [3] Products described as CBD may contain small amounts of THC. [3]
No other state or territory states a position on CBD-only products and driving. Check your own road authority.
How long does THC stay detectable?
There is no reliable answer. Transport Victoria says there has been very limited research into how long THC from medicinal cannabis remains in a person's system, so definitive advice is not currently possible. [3] Queensland says THC can sometimes be detected for longer than a day and that detectability varies by person. [4]
Roadside testing also does not measure impairment. The ACT Government says there are no roadside instruments that can reliably measure a driver's THC impairment level like an alcohol breathalyser, and that impairment is not necessarily indicated by a positive test. [6]
Keep the prescription details organised.
Driving rules are separate from prescription management. Keep your prescription, expiry date, repeats and pharmacy requests together in one place.
Managing the prescription itself
If you are prescribed medicinal cannabis, the paperwork is its own problem. Schedule 8 prescriptions run for six months rather than twelve, repeats run out on their own schedule, and pharmacies have to arrange supply rather than keep unapproved products as general stock. [7][11]
Managing a Medicinal Cannabis Prescription in Australia covers the prescription, repeats, pharmacy ordering and eScript administration in detail.
MediRemind keeps prescription expiry, remaining repeats, eScripts and pharmacy requests in one place. It does not determine whether it is legal or safe for you to drive.
Related guides
Frequently asked questions
In seven of the eight states and territories, driving with THC present is an offence regardless of a prescription. Tasmania has a defence where the product was obtained and administered in accordance with its Poisons Act. This is not legal advice. [8]
No. Since 1 March 2025 a magistrate has discretion over whether to cancel a licence, but Transport Victoria states that a prescription cannot be used as a defence against a charge of testing positive for THC. [3]
Legislation had been introduced but had not commenced as at the date this page was checked. NSW is the position most likely to have moved, so check Transport for NSW before driving. [1] [2]
Victoria states that patients taking cannabidiol-only medicines can lawfully drive as long as they are not impaired. No other jurisdiction states a position here, and products described as CBD can contain small amounts of THC. [3] [14]
Roadside testing targets THC, not CBD. [9]
Organise the paperwork around your prescription
Keep expiry, repeats and pharmacy requests together. Driving rules and safety decisions must be confirmed with your road authority and prescriber.
Sources
- Transport for NSW, Medical cannabis — https://www.transport.nsw.gov.au/roadsafety/topics-tips/drugs/medical-cannabis
- Parliament of NSW, Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 — https://www.parliament.nsw.gov.au/parliamentary-business/bills/bill-details?billId=18920
- Transport Victoria, Medicinal cannabis and driving — https://transport.vic.gov.au/road-and-active-transport/road-rules-and-safety/alcohol-drugs-and-driving/medicinal-cannabis-and-driving
- Queensland Government, Medicinal cannabis and driving — https://www.qld.gov.au/transport/licensing/healthy-to-drive/can-i-drive/medications-and-treatments/medicinal-cannabis
- WA Department of Health, Medicinal cannabis fact sheet — https://www.healthywa.wa.gov.au/-/media/Files/HealthyWA/Original/Factsheets/medicinal-cannabis-fact-sheet-v2.pdf
- ACT Government, Response to petition E-PET-046-25, March 2026 — https://epetitions.parliament.act.gov.au/details/e-pet-046-25
- SA Department for Infrastructure and Transport, Drug driving — https://dit.sa.gov.au/__data/assets/pdf_file/0017/33335/Drug_Drive_Brochure.pdf
- Tasmanian Department of Health, Medicinal cannabis information for patients and general public — https://www.health.tas.gov.au/health-topics/medicines-and-poisons-regulation/medicinal-cannabis/medicinal-cannabis-information-patients-and-general-public
- ACT Government, Drink and drug driving — https://www.cityservices.act.gov.au/roads-and-paths/road-safety/drink-and-drug-driving
- Northern Territory Government, Alcohol, drugs and driving — https://nt.gov.au/driving/safety/alcohol-drugs-and-driving
- NSW Government, Medicinal cannabis driving reforms introduced to parliament, 25 June 2026 — https://www.nsw.gov.au/ministerial-releases/medicinal-cannabis-driving-reforms-introduced-to-parliament-by-minns-labor-government
- Government of South Australia, The Driver's Handbook: drugs — https://www.mylicence.sa.gov.au/road-rules/the-drivers-handbook/drugs
- SA Health, Frequently asked questions on medicinal cannabis — https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/conditions/medicines/medicinal+cannabis/frequently+asked+questions+on+medicinal+cannabis
- TGA, Medicinal cannabis access pathways and usage data — https://www.tga.gov.au/resources/explore-topic/medicinal-cannabis-hub/medicinal-cannabis-access-pathways-and-usage-data
MediRemind is a medication management and utilisation app only. This page is general information and is not legal advice. It does not promote, prescribe, supply, sell or recommend medicinal cannabis, any brand or product. Drug-driving law is set by each state and territory and is changing in several of them. Check the road authority in your own state or territory and talk to your prescriber about driving. Sources were checked on 10 September 2026.