Driving With a Medicinal Cannabis Prescription in Australia: The Rules in Every State

Information current as of 18 October 2026.


In most of Australia, a medicinal cannabis prescription is not a defence if a roadside saliva test picks up THC. 

Tasmania is the only place with a legal defence right now. NSW has passed a patient registration scheme, but it has not started yet. In Victoria, patients can take a positive roadside THC test to court, where a magistrate may let them keep their licence. Queensland is going the other way, with tougher penalties from 1 December 2026.

All sources are linked at the bottom of this page. This area of law moves fast, so check those sources before you rely on anything here.

Why a prescription does not protect you

Drug presence offences ask one thing: is THC in your system? Drug impaired driving offences ask whether your driving was actually affected.

Roadside saliva tests check presence. They cannot tell prescribed, pharmacy THC from any other THC. In most states the law makes no exception for patients either. That is the gap. You can be lawfully prescribed, not impaired at all and still be committing an offence.

Every state at a glance

State Prescription a defence? What to know
Victoria

No

A positive test means a fine and six-month suspension. However, patients can take the matter to court and ask a magistrate to let them keep their licence.
New South Wales Not yet

Registration scheme passed September 2026. Expected to start late 2026 or early 2027.
Tasmania Yes Covers THC presence only. Impaired driving is still an offence.
Queensland No Drug driving penalties double from 1 December 2026, including for patients.
Western Australia No A positive roadside test means a 24-hour driving ban.
South Australia No Any detectable THC is an offence.
ACT No Any detectable THC is an offence.
Northern Territory No Any detectable THC is an offence.

Where things have changed

Victoria

Driving with any THC is an offence, and a prescription is not a defence. If you test positive, the standard outcome is an infringement notice: a fine, a six-month licence suspension and a compulsory behaviour change program. 

Since 1 March 2025, prescribed patients have one option. You can object to the infringement within 28 days and take the matter to court instead of accepting the notice. The magistrate can then review if you were impaired, whether it is your first offence and whether you used a prescribed product and can decide not to cancel your licence.

However, it isn’t a sure thing. The court can still cancel your licence, fines still apply and a conviction may be recorded, which does not happen if you accept the infringement notice. If you are in this position, get legal advice quickly. Victoria also requires you to tell the Department of Transport and Planning if your medication might affect your driving.

New South Wales

The new laws passed on 17 September 2026 but are not in force yet. Once in force, drivers on an unrestricted NSW licence who complete the below three tasks will be exempt from the THC presence offence.

  1. Register with Transport for NSW;

  2. Show a valid prescription; and

  3. Complete an online course.

Above a set THC level, the first two detections bring a warning letter. A third within two years is an offence, with penalties including loss of licence. Learners, P-platers, interlock drivers, bus, taxi and rideshare drivers, some heavy vehicle drivers and driving instructors are excluded. 

Everyone still gets a 24-hour ban after a positive roadside test. Until the start date (expected late 2026 - early 2027), the current rules apply.

Tasmania

Driving with THC in your system is an offence unless the product was obtained and administered in line with the Poisons Act 1971. That defence covers presence, not impairment. 

The Tasmanian Department of Health still recommends patients do not drive while being treated with medicinal cannabis.

Queensland

The Queensland Parliament has passed the Transport and Other Legislation Amendment Act 2026. From 1 December 2026, drug driving penalties double. The government has confirmed its zero-tolerance approach applies to prescribed patients. Sorry, Queenslanders!

Penalties for a first offence

These are the usual outcomes for a first THC presence offence, with no alcohol involved and no impairment alleged. Repeat offences and impaired driving carry much heavier penalties. Penalty unit values change every financial year, so some fines are given in units rather than dollars.

State Usual outcome If it goes to court
Victoria Roadside driving ban of 12 or 24 hours. Then an infringement notice: a fine of three penalty units, a six-month licence suspension and a behaviour change program. Fine of up to 12 penalty units, licence cancelled for at least six months and a possible conviction. A magistrate may choose not to cancel a prescribed patient’s licence.
New South Wales 24-hour driving ban. Then a $722 penalty notice and a three-month licence suspension. Fine of up to $2,200 and a six-month automatic disqualification (the court can set three to six months).
Tasmania Only if the prescription defence does not apply. Dealt with in court. Fine and three to 12 months’ disqualification.
Queensland Dealt with in court. Until 30 November 2026: fine of up to 14 penalty units (about $2,400), up to three months’ jail and one to nine months’ disqualification. From 1 December 2026: fine of up to $4,835 and at least two months’ disqualification.
Western Australia 24-hour driving ban. Fine of up to $1,250 and three demerit points. No licence loss for a first offence.
South Australia Police can take your licence on the spot. Expiation fee of $875, four demerit points and a three-month disqualification. Fine of $900 to $1,300, four demerit points and at least six months’ disqualification.
ACT Dealt with in court. Fine of up to 25 penalty units and at least three months’ disqualification (six months by default).
Northern Territory $400 infringement notice. No minimum disqualification. Fine of up to five penalty units or up to three months’ jail.


What about CBD-only products?

Roadside tests in every state and territory look for THC, not CBD. A product that is genuinely CBD-only will not trigger the presence offence anywhere in Australia. NSW and Victoria note this directly: patients on CBD-only medicines can drive legally as long as they are not impaired.

There are two catches. Firstly, impaired driving is an offence everywhere, and NSW notes that CBD can cause drowsiness, fatigue and low blood pressure - so depending on your prescription, driving may still be a risk. 

Secondly, “CBD” on the label does not guarantee zero THC, because some CBD-dominant products still contain it. So best to confirm exactly what is in your CBD products with your prescriber or pharmacist.

What this means in practice

Carrying your medicine and driving after taking it are two separate questions. Carrying it is straightforward with the right paperwork. Driving after taking THC is not, in most of the country.

If you drive, have a specific conversation with your prescriber about your product, your dose, your timing and your state. For easy to understand state-by-state guides and a community that has tracked these changes for years, Friendly Aussie Buds is a great resource.

FAQs

Can you drive with a medicinal cannabis prescription in Australia? 

In most states and territories, no. A prescription is not a defence if THC is detected. Tasmania is the exception.

Have the NSW medicinal cannabis driving laws changed? 

The law passed in September 2026 but has not started. Transport for NSW expects it to begin in late 2026 or early 2027. Until then, the current rules apply.

How long after taking medicinal cannabis can I drive? 

There is no reliable answer. Transport Victoria says research on how long THC from medicinal cannabis stays in your system is very limited. We would recommend asking your prescriber about your specific products.

Can I be charged if I was not impaired? 

Yes, in most of Australia. Presence offences do not require proof of impairment.

Does roadside testing detect CBD? 

No. Tests screen for THC. Check with your prescriber that your product(s) contains no THC.

General information based on government sources checked on 17 October 2026. Not legal or medical advice. Drug driving law differs between states and territories and is changing. Check the official source for your state and speak to your prescriber before driving.

Sources

National

Victoria

New South Wales

Tasmania

Queensland

Western Australia

South Australia

ACT

Northern Territory