Patients who are using cannabis-based medicines that contain delta-9-tetrahydrocannabinol (THC) should avoid driving as it remains illegal.
This is because THC can impair essential cognitive and motor functions required for safe driving, including attention, judgment, memory, vision, and coordination.
Those taking cannabidiol (CBD)-only medicines are legally allowed to drive, provided they are not impaired.
However, since CBD can cause side effects such as drowsiness, fatigue, and lowered blood pressure, patients should consult their doctor to assess any potential risks before driving.
NSW Health has a fact sheet on driving for patients prescribed medicinal cannabis.
“On Wednesday 19 March 2025, I secured the support of the NSW Legislative Council calling on NSW Police, NSW Health and other relevant government agencies to release all data relating to mobile drug testing and medicinal cannabis.
There is currently a distinct lack of available data and information to assess the value and effectiveness of the mobile drug testing program. I’ve asked for documents that detail the number of positive and false positive tests broken down by drug type, and the data on positive tests of THC for drivers who have a valid prescription for medicinal cannabis.
The motion also requests the cost to the taxpayer of conducting the mobile drug testing program and how the funding is provided to the NSW Police for the program including the annual budget, the cost of each initial test and any external contracts and consultants for the program.
This data will help us analyse exactly how many people are having their lives impacted by these unjust laws, and at what cost to the taxpayer. It will ensure the government is transparent about the effectiveness of this program, and guide our next steps in the campaign to legislate a fair defence for medicinal cannabis users on the road.
A massive thank you to everyone at Drive Change and the Cannabis Law Reform Alliance for leading the charge on roadside drug testing law reform.”
This report provides an overview of recent data provided to the Legislative Council by the Minister for Police and Counter-terrorism in New South Wales on 10 September 2024, with regards to roadside drug tests conducted over the last 5 years (by Local Area Command), number of positives by drug type and whether there has been improvements in road safety from the rollout of mobile drug testing programs (MDT) in NSW.
“While prescriptions for medicinal cannabis in Australia have continued to increase since being legalised in 2016, patients are unable to drive due to current drug driving laws and can be subjected to MDT programs which are conducted across New South Wales.
There is a distinct lack of available data and information to assess the value and effectiveness of the MDT Program. We urgently seek the NSW Government’s commitment to transparency of documents and data around MDT.”
Last week, the Road Transport Amendment (Medicinal Cannabis – Exemptions from Offences) Bill 2021, was voted down by the Liberal-National and Labor parties.
Those in favour of drug driving law reform were defeated in a 29-6 vote.
Prior to last night’s debate, Drive Change wrote to all Members of the Law and Justice Committee, highlighting that medicinal cannabis remains as the only prescribed medicine that does not have a legal defence for driving.
At the end of the vote, a snide comment was passed by one of the Members (the Hon. Mark Latham MLC) to “pass the bong,” with the Road Ministers laughing at this remark. This childish antic is one in a string of out-of-line
Such appalling behaviour should be called out. There have been over 250,000 approvals for medicinal cannabis in Australia, and this sort of language is disrespectful to the thousands of patients with lawful approvals. Australians who have been approved for medicinal cannabis, but particularly to patients who have had their license taken away, lost their job, their livelihood, and quality of life due to these drug driving laws.
In reducing the stigma around (medicinal) cannabis, it is important that we curb the use of insensitive language.
Such language and remarks from Mark Latham highlights the stigma, discrimination and criminalisation around this medicine.
In order to change this, we need to remember to make sure Australians who are treated with medicinal cannabis are spoken of respectfully. There needs to be a shift in our perceptions, a change in how we speak, and most importantly, we need the laws to change. With the most recent Parliamentary defeat, the law remains discriminatory against these patients.
You can view the debate below:
Share your story and write a letter to the Chair of the Law and Justice Standing Committee (the Hon. Christopher Rath) office.rath@parliament.nsw.gov.au
