Driving under the influence of cannabis is a significant legal and safety concern in Australia. Understanding the laws and their implications is crucial for all drivers, especially those using medicinal cannabis.
Legal status of cannabis and driving
In Australia, it is illegal to drive with any detectable amount of tetrahydrocannabinol (THC)—the psychoactive component of cannabis—in your system.
This zero-tolerance approach applies regardless of whether the cannabis was used recreationally or medicinally. Penalties for drug driving can include fines, license suspension, and even court convictions.
DISCOVER MORE: Drug driving penalties in Australia by state
Medicinal cannabis and driving
Medicinal cannabis has been legal in Australia since 2016 and is prescribed for various conditions, including chronic pain and anxiety. However, patients prescribed medicinal cannabis containing THC are subject to the same driving laws as recreational users.
This means that driving with THC in your system, even if legally prescribed, is an offense in most Australian states and territories.
State-specific regulations
Victoria
In Victoria, it is an offence to drive under any amount of THC in one’s system, regardless of being medically prescribed. Penalties for this include a mandatory license suspension and fines.
Tasmania
Uniquely among Australian states, Tasmania permits individuals to drive with THC in their system if they have a valid medicinal cannabis prescription and are not impaired. However, Tasmania’s Department of Health recommends patients do not drive if being treated with medical cannabis as it can cause impairments.
Other states and territories
In regions like New South Wales and Western Australia, it remains illegal to drive with any detectable THC, irrespective of medicinal use.
Cannabidiol (CBD) and driving
Cannabidiol (CBD), a non-psychoactive component of cannabis, does not impair cognitive or motor functions. Therefore, individuals using CBD-only medicinal products can legally drive, provided they are not otherwise impaired.
DISCOVER MORE: How different drugs affect driving abilities
Key takeaways
- Driving with any detectable THC in your system is illegal in most of Australia, regardless of medicinal use.
- Penalties for drug driving can include fines, license suspension, and criminal charges.
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Patients using CBD-only products can legally drive if not impaired.
Making informed choices: What drivers need to consider
Driving after using cannabis—whether for medicinal or recreational use—comes with serious legal and safety risks. Even if legally prescribed, THC can still show up on a roadside drug test, which may result in fines, licence suspension, or criminal charges in most Australian states.
Before getting behind the wheel, individuals should:
🚫 Know the type of cannabis product they’re using – If it contains THC, it can stay in your system and be detectable long after use.
📋 Understand local laws – Most states enforce a zero-tolerance approach to THC, regardless of whether the use is medicinal or recreational.
🧠 Check for signs of impairment – Drowsiness, slowed reflexes, or altered perception are clear signs you shouldn't be driving.
🧪 Use a saliva drug test kit before driving – Police use saliva drug tests during roadside testing, so using a similar device at home—like the DrugSense DSO8+ saliva drug test kits—can help you screen for THC presence and make safer decisions.
📞 Consult with your doctor or pharmacist – Especially if you're on a prescription, get medical advice about how cannabis could impact your driving.
When in doubt, don’t drive. Safety comes first—for you, your passengers, and everyone on the road.
