For thousands of legitimate patients across the Hunter, the announcement on 4 June 2026 will feel like long-overdue common sense. The Minns Government has announced a new scheme that, for the first time, recognises that a registered medicinal cannabis patient on a full licence should not automatically lose that licence for following their doctor’s advice.
Newcastle Knights legend Andrew Johns has backed the reform, alongside Premier Chris Minns, who called medicinal cannabis “a life-changing medication”, in a recent Herald article. Legalise Cannabis MLC Jeremy Buckingham put it plainly: “No patient should be forced to choose between following their doctor’s advice and keeping their driver’s licence.”
But the celebratory coverage is skipping the part that matters most to anyone behind the wheel right now. The law has not actually changed. And even once it does, most drivers will still be fully exposed.
What the New Scheme Actually Changes
The announced scheme is a “three-strike” model and applies only to a narrow group: registered medicinal cannabis users with a full, unrestricted licence.
The mechanics matter. A roadside mobile drug test still applies. A positive roadside test still triggers an immediate 24-hour driving ban while the saliva sample goes to a lab. The lab then tests against a threshold of 50 nanograms per millilitre (ng/mL) of tetrahydrocannabinol (THC) in saliva. Below the threshold means no action. At or above it, a first and a second detection within two years result in a warning letter. A third detection within two years brings a $704 fine and a minimum three-month licence suspension.
To get this protection, you must enrol as a registered medicinal cannabis user with Transport for NSW, provide proof of a valid prescription, and complete an online education program. Skip those steps, and the scheme does not apply to you at all.
According to the NSW Government, legislation is only expected to be introduced in the final week of June 2026. There is no commencement date. Until a bill passes and commences, this is a media release, not a law.
That means the current law applies to everyone today, including registered patients. We have seen reform announcements stall before. A separate Greens private member’s bill, the Road Transport Amendment (Medicinal Cannabis-Exemptions from Offences) Bill 2025, stalled at second reading in May 2025. An announcement is not a guarantee.
Even once the scheme commences, the protection is far narrower than the headlines suggest. Learner (L) and provisional (P) plate drivers are excluded. Commercial drivers are excluded. Anyone who has not registered is excluded. And the protection falls away entirely if alcohol is present to a criminal standard, if other illicit drugs are detected, or if there is evidence of impairment. In any of those situations, you are back to the standard drug driving offence.
The Current Law Still Stands
Driving with the presence of a prescribed illicit drug is an offence under section 111 of the Road Transport Act 2013 (NSW). It is a presence offence, not an impairment offence. The prosecution does not need to prove you were affected. It only needs to prove the drug was present.
It is also an absolute liability offence. In R v Narouz [2024] NSWCCA 14 (19 February 2024), the NSW Court of Criminal Appeal confirmed that “honest and reasonable mistake” is not a defence. “I was prescribed it”, and “I didn’t know it was still in my system” will not get the charge thrown out. You can read more in our explainer on drug driving charges.
The penalties are real. A penalty notice carries a $704 fine plus a three-month licence suspension. Take it to court as a first offence, and you face a maximum $2,200 fine plus an automatic six-month disqualification, which a court may reduce to a minimum of three months. A second or subsequent major traffic offence within five years carries a maximum $3,300 fine plus a 12-month disqualification. The offence carries no demerit points because the sanction is the loss of your licence.
If you have been charged with a drug driving offence, do not assume the announcement changes your position. It does not, and it will not until a bill passes. Speak with our experienced traffic lawyers at Hamilton Janke Lawyers for a clear assessment of your options and the best possible outcome. Contact our team today.
