DRUG DRIVING IN NSW: THE LEGAL LANDSCAPE AND THE IMPACT OF LEGALISING CANNABIS
Drug driving is a serious criminal offence in New South Wales, with strict laws designed to ensure road safety. While public opinion around cannabis legalisation is shifting, the law still treats cannabis as a prohibited drug, and the presence of it in your system can result in serious consequences—even if you’re not impaired at the time of driving.
At Criminal Lawyers Group, we routinely represent clients facing drug driving charges and understand the evolving legal and political landscape, especially as cannabis reform discussions gain momentum.
WHAT IS DRUG DRIVING IN NSW?
There are two key offences under the Road Transport Act 2013 (NSW):
- Driving with an illicit drug present in oral fluid, blood or urine
- Driving under the influence of a drug (DUI)
The first is a strict liability offence, meaning it doesn’t require proof that the driver was impaired—only that a prohibited drug (such as THC, the active compound in cannabis) was present.
ROADSIDE DRUG TESTING (RDT) AND CANNABIS
NSW Police conduct Mobile Drug Testing (MDT) using saliva swabs that detect:
- THC (cannabis)
- Methamphetamine
- MDMA
- Cocaine
If you test positive, a second sample is sent to a lab. If confirmed, you may receive a court attendance notice or infringement, depending on your record and the circumstances.
Critically, cannabis can remain detectable for days or weeks, meaning a driver could test positive even if they are no longer under its influence. This has led to increasing legal and ethical concerns, especially as calls to legalise cannabis grow.
DRUG DRIVING PENALTIES IN NSW:
Drug driving is a “fine only” offence, and cannot lead to imprisonment. If you are convicted, the potential penalties include:
| Penalty | First offence | Second offence |
|---|---|---|
| Penalty notice fine | $572 | N/A |
| Maximum fine | $2,200 | $3,300 |
| Licence suspension | 3 months | N/A |
| Minimum disqualification | 3 months | 6 months |
| Maximum disqualification | 6 months | Unlimited |
| Automatic disqualification | 6 months | 12 months |
For more details, refer to the NSW Sentencing Council – Common Driving Offences.
WHAT ABOUT MEDICINAL CANNABIS?
Even if you are legally prescribed medicinal cannabis in Australia, you are not exempt from drug driving laws. If you are driving with THC in your system—even with a valid script—you can still be charged.
This has prompted advocacy groups and lawyers to call for legal reforms to protect medical cannabis patients, particularly when they are not impaired.
COULD LEGALISING CANNABIS CHANGE DRUG DRIVING LAWS?
NSW currently prohibits cannabis under the Drug Misuse and Trafficking Act 1985. However, the Legalise Cannabis Party and Greens NSW have proposed legislative reforms aimed at decriminalising or legalising personal cannabis use.
If cannabis becomes legal, key legal questions include:
- Will roadside drug testing still penalise drivers for non-impairing THC traces?
- Will NSW move to impairment-based testing, like in parts of Canada or the U.S.?
- How will the law treat legal users versus illicit use?
There’s a growing consensus that current presence-based drug driving laws may not be sustainable in a future where cannabis is legal or decriminalised.
WHAT TO DO IF YOU’RE CHARGED WITH DRUG DRIVING
If you’re charged with drug driving in NSW—whether due to recreational or medicinal cannabis—it’s crucial to act quickly. At Criminal Lawyers Group, we help clients:
- Challenge test accuracy and lab evidence
- Prepare strong arguments regarding lack of impairment
- Present medical evidence (if applicable)
- Seek non-conviction outcomes, including Section 10 dismissals or Conditional Release Orders (CROs)
We also assist with licence appeals if your ability to drive is crucial to your work or family.
WHY CHOOSE CRIMINAL LAWYERS GROUP?
Our experienced drug offence lawyers and traffic lawyers have defended hundreds of clients facing drug driving charges. We’re known for strategic negotiation, attention to detail, and results-driven advocacy.
We represent clients across:
- Sydney CBD
- Western Sydney
- Wollongong
- Newcastle
- Regional NSW courts
NEED LEGAL ADVICE?
If you’ve been charged with drug driving or are concerned about cannabis-related driving offences, don’t face it alone.
📞 Contact Criminal Lawyers Group today for a confidential consultation with an experienced criminal defence lawyer.