NRMA opposes new NSW cannabis driving laws

The NRMA has called for the NSW Labor Government to stop policy reforms that could see NSW drivers legally share the roads with those who have cannabis in their system. 

Under the new legislation, drivers who use medicinal cannabis containing tetrahydrocannabinol – or THC, the main psychoactive compound found in the cannabis plant – will no longer be automatically penalised. 

Instead, registered cannabis users found to be below a maximum threshold via a laboratory test will face no charges. 

Recording a positive roadside drug test will still result in an automatic 24-hour driving ban while the sample is sent for lab testing, however no charges will result if the driver is below the threshold. 

Newly prescribed medicinal cannabis users will be required to register with Transport for NSW, provide proof of a valid prescription and complete an online education program.

Those caught driving over the maximum threshold would be hit with two ‘strikes’, after which they’d receive a $704 fine and three-month minimum licence suspension. 

For drivers without a cannabis prescription, it would remain an offence to have any THC in their system. Offenders testing positive to a tongue swab will continue to face an immediate 24-hour driving suspension.  

New laws a misstep as road toll continues to rise: NRMA 

In 2025, NSW recorded 355 road fatalities, the highest number in eight years. NRMA spokesperson Pete Khoury said the new legislation would be counterproductive in trying to bring down the road toll. 

“From day one, the NRMA has been opposed to the policy that the government has announced today, and I know that we are not alone, but certainly we have been very vocal on this issue,” said Mr Khoury. 

“We are struggling to get the road toll down. More people are now dying of drug driving than they are drunk driving.” 

Mr Khoury said equating blood concentration of THC with driving ability was not the same. 

“We know that with cannabis, it's the same as alcohol, it affects people in different ways,” he said. “[That could be] their health, what they've eaten, whether they've slept well.” 

“Medical experts have consistently said, and certainly the doctors that we've spoken to have consistently said, you cannot accurately measure impairment,” added Mr Khoury. “We are deeply concerned about going in half blind and effectively what is a guessing game.” 
 

Cannabis the leading cause of NSW drug-affected road deaths between 2019 and 2023 

According to the NSW Government, police recorded illicit drug involvement in 24 per cent of fatal road crashes in the five years from 2019 to 2023. Of those who had an illicit drug present, 23 per cent also had an illegal level of alcohol. 

Of drivers or motorcycle riders with the presence of an illicit drug in a fatal crash, 85 per cent were male and 15 per cent female. The largest represented age group was 20 to 29 at 31 per cent. 

Cannabis was the leading type of illicit drug present (in 69 per cent of NSW road fatalities between 2019 and 2023), followed by methylamphetamine (43 per cent) and cocaine (seven per cent). 

NRMA sympathetic to those "doing the right thing" but doesn't support them driving

“I want to be absolutely clear on one thing: the NRMA is highly sympathetic to people who are doing the right thing, that their doctors are giving them a prescription, they're using cannabis for medical reasons,” said Mr Khoury.

“What we don't support is them then getting behind the wheel and driving. We are absolutely sympathetic to the fact, and we recognise and acknowledge that there has to be mobility solutions for those people. They can't just be left at home. It is even harder for people in regional communities. 

“However, what this policy does is it takes a community issue and it makes it a road safety issue … We're pleased to see that the government is going to do a review in 12 months. We would suggest they do it sooner.”