At Astrid, we are deeply committed to advocating for change in laws that unfairly impact patients who rely on prescribed natural medicines.
We continue to listen and provide our patients with a platform to be heard by policymakers, ensuring their voices contribute to meaningful legislative change around drug driving laws that have long discriminated against patients. With imminent changes in Victoria, this represents a step forward in addressing the unfair link between the presence of THC in the bloodstream and driving impairment—a distinction that has caused unnecessary fear and hardship for many in our community.
Victoria, the first state in the world to introduce roadside drug testing, has recently taken a step toward fairness for medicinal cannabis patients. Right now, if tested positive, patients lose their license immediately, even if they are legally prescribed medicinal cannabis and driving unimpaired. Further, the path to get your license back can be costly and lengthy.
But from March 1 2025, magistrates will have the discretion to decide whether a patient can retain their license if they test positive for THC during a roadside test. Whilst a positive test for THC while driving would remain an offence and penalties, such as fines and suspension, would remain, automatic loss of license can be countered and taken to the magistrates court. Rachel Payne outlines the steps clearly on her website:
- If you are a medicinal cannabis patient and you have been given a Traffic Infringement Notice (TIN) for testing positive for cannabis while driving, after 28 days of being charged VicRoads will automatically suspend your licence for six months unless you elect to take your case to court.
- If you want to keep your licence, you have 28 days to elect to have the case transferred to the Magistrates’ Court. The process is clearly explained on the back for the TIN. When you follow that process you will be sent a notice with a court date to attend the Magistrates’ Court.
- The court will have the discretion not to interfere with the driver’s licence of motorists who are prescribed cannabis. It will be a decision for the court on the individual facts of each case. Nevertheless, a court can still cancel and disqualify a driver’s licence.
The Victorian Government sees this update in driving laws as an ‘interim proposal’ whilst we await the findings of the government-funded trial, which is due in 2026.
We view this as a small step towards breaking the systemic stigma against prescribed medicinal cannabis – a stigma that deeply impacts the daily lives of our patients. This change acknowledges that a THC positive drug test does not necessarily equate to impairment.
Medicinal cannabis driving rules vary across Australia, with most jurisdictions maintaining strict regulations. In the majority of Australian states and territories, it is illegal to drive with any detectable amount of THC in your system, even if you have a valid prescription. However, patients using CBD-only products are generally permitted to drive, provided they are not impaired. Here is a breakdown of the laws across the other states of Australia:
Tasmania
Tasmania is currently the only state where drivers with a valid prescription for medicinal cannabis can lawfully drive, as long as they are not impaired.
Western Australia
In Western Australia, driving with any detectable amount of cannabis in your system is illegal and can lead to significant fines, demerit points, and immediate driving bans—even for first-time offenders. As of February 26, 2025, the state has implemented stricter drug driving laws, including an immediate 24-hour driving suspension for those who test positive or refuse a roadside drug test, with a $600 fine for breaching this suspension.
Australian Capital Territory
Despite the legalisation of cannabis for personal use in the ACT, driving with any amount of cannabis in your system remains an offense. Penalties include substantial fines, potential jail time, and escalating license disqualifications for repeat offenders.
Queensland
Queensland prohibits driving for patients using medical cannabis containing THC, and a valid prescription cannot be used as a defense. Like other states, Queensland conducts roadside drug testing via saliva samples. If an initial test is positive, a second test is conducted. If the second test also returns positive, the sample is sent to a lab for confirmation.
New South Wales
In NSW, driving is illegal for patients using cannabis medicines containing THC. However, patients using CBD-only medicines are permitted to drive, provided they are not impaired.
South Australia
South Australia maintains strict laws, making it illegal to drive with any detectable amount of THC in your system. The state imposes substantial fines, demerit points, and license disqualifications, with harsher penalties for repeat offenders, underscoring its statewide commitment to road safety.
| State | THC Driving Allowed | Medical Defense | Fines | Demerit Points | License Suspension | Court Appearance |
| Tasmania | ✓ (Unimpaired drivers) | ✓ | N/A | N/A | N/A | N/A |
| Victoria | ✗ | ✓ from March 2025 | Up to $3,304 | N/A | Minimum 6 months | Required |
| Western Australia | ✗ | ✗ | Up to $1,250 (first offense) | 3 | 24-hour immediate (from Feb 2025) | May be required |
| Australian Capital Territory | ✗ | ✗ | Up to $2,400 (first offense) | N/A | Up to 3 years (first offense) | Required |
| Queensland | ✗ | ✗ | $900 – $1,300 (first offense) | 4 | Possible | May be required |
| New South Wales | ✗ | ✗ | Up to $2,200 (first offense) | N/A | 3-6 months (first offense) | May be required |
| South Australia | ✗ | ✗ | $900 – $1,300 (first offense) | 4 | Possible | May be required |
As laws continue to evolve, Astrid is here to ensure that our community stays informed and supported. We understand the challenges faced by patients navigating these complex regulations, and we are committed to advocating for policies that reflect the realities of medicinal cannabis use. By working together, we can challenge stigma, push for reform, and build a future where patients are treated with the dignity and fairness they deserve.
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All information is accurate at the date of publication: 27 February 2025.
