# Australian state drug-driving law reforms

> Live situation record from CLSTR: https://clstr.news/situations/australian-state-drug-driving-law-reforms
> Updated: 2026-09-21T04:19:28.000Z. Sources: 6. Developments: 2.

In September 2026, Australian states began implementing differing approaches to drug-driving legislation. 

New South Wales passed reforms to prevent automatic license suspensions for medicinal cannabis users. Under these rules, patients with valid prescriptions who register with Transport for NSW can avoid penalties if laboratory THC results are below 50 ng/mL. While roadside testing remains, drivers with positive results face an immediate 24-hour ban pending lab analysis. If lab results exceed the threshold, a three-strike system involving warnings, fines, and license suspensions will be applied. The opposition has criticized the legislation as “reckless” due to the lack of a scientifically agreed test for impairment.

Concurrently, Queensland passed the Transport and Other Legislation Amendment Act 2026, which increases penalties for drug-driving offences effective December 1, 2026. The state is doubling maximum fines to approximately $4,836 and increasing the minimum license disqualification for first offences from one to two months. Unlike the medicinal cannabis reforms in New South Wales, Queensland maintains a presence-based system that penalizes drivers if drugs such as methamphetamine, MDMA, cocaine, or THC are detected, regardless of impairment.

## Claims

- The NSW Parliament passed the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 on September 17, 2026. (corroborated by 2 sources)
- Under the new NSW scheme, eligible medicinal cannabis users must hold an unrestricted licence, register with Transport for NSW, and complete an approved education program. (corroborated by 2 sources)
- The proposed NSW medicinal cannabis driving scheme excludes learner, provisional, and commercial licence holders. (corroborated by 2 sources)
- The Queensland Parliament passed the Transport and Other Legislation Amendment Act 2026. (single source)
- In Queensland, the maximum penalty for driving with a relevant drug in blood or saliva will increase from 14 to 28 penalty units. (single source)
- Queensland is increasing the minimum licence disqualification for a first drug-driving offence from one month to two months. (single source)

## Timeline

### 2026-09-21: Queensland and NSW implement divergent drug-driving laws

Queensland is doubling drug-driving fines and disqualification periods, while New South Wales prepares to relax laws for motorists using legally prescribed medicinal cannabis.

4 sources. https://clstr.news/cluster/queensland-and-nsw-implement-divergent-drug-driving-laws

### 2026-09-17: New South Wales passes medicinal cannabis driving reforms

New South Wales has passed reforms allowing registered medicinal cannabis users to drive provided their THC levels remain below a 50 ng/mL laboratory threshold.

2 sources. https://clstr.news/cluster/new-south-wales-passes-medicinal-cannabis-driving-reforms

---
Cite as: Australian state drug-driving law reforms. CLSTR, https://clstr.news/situations/australian-state-drug-driving-law-reforms