Driving after drugs in New South Wales (2026)

Last reviewed: 13 October 2026

In short: Driving with an illegal drug, including active THC, in oral fluid, blood or urine is an offence in New South Wales, found by a roadside saliva test. A first offence can cost AUD 722 by penalty notice or up to AUD 2,200 in court.

RuleWhat applies
Approach to cannabis (THC)Driving a car after drug useAny use is an offence [1]
THC thresholdDriving a car after drug usePresence of active THC in oral fluid, blood or urine; the page gives no numeric limit. [1]
Prescribed medicinesDriving a car after drug useSame limits apply [2]
Police screening testDriving a car after drug useYes [1]
Main sanctionsDriving a car after drug usePenalty notice fine of AUD 722 and a 3-month licence suspension, or a court-imposed fine of up to AUD 2,200 and disqualification of at least 3 months (automatic disqualification 6 months) for a first offence; no prison term. [1]

Notes

  • The Transport for NSW page says it remains an offence to drive after taking THC regardless of source, including a prescribed cannabis medicine. Morphine in blood or urine is an offence unless the driver can prove it is for medical use. A law passed on 17 September 2026 would exempt registered medicinal cannabis patients on an unrestricted licence from the drug presence offence; it has not yet commenced (expected late 2026 or early 2027).

Sources

  1. NSW Government: Drink and drug driving penalties | NSW Government (consulted 13 October 2026) · all sources
  2. Transport for NSW: Medical Cannabis | Transport for NSW (consulted 13 October 2026) · all sources

More rules in New South Wales

  • E-scootersUse on public roads: Banned (private e-scooters) · Minimum age: 16
  • CannabisPossession for personal use: Criminal offence · Growing at home: Banned
  • Car speed limitsBuilt-up areas: 50 km/h · Outside built-up areas (single carriageway): 100 km/h
  • Deposit return schemes and plastic bagsNational deposit return scheme in operation: Yes, Return and Earn · Deposit per container: 10c refund
  • Minimum age for a car driving licenceMinimum age for a car licence: 17 (P1 licence) · Earliest age to drive a car supervised: 16, with a supervisor
  • E-bikes and speed pedelecsLegal class: Bicycle rules · Minimum age: None at present (12-16 planned)
  • FireworksConsumers may buy and use category F2 fireworks: No (licence needed)
  • Foreign driving licencesOverseas licence valid for a visitor: Yes, up to 6 months as a temporary visitor · Overseas licence after becoming a resident: Permanent resident: NSW licence within 3 months
  • Home educationLegal status of home education: Registration required · Nature of the parental duty: School or registration
  • Knives and pepper sprayFolding pocket knives: Offence without reasonable excuse · Locking or one-handed knives: Auto-opening knives prohibited
  • Motorcycles: helmets and licencesHelmet required for the rider: Yes · Helmet required for a passenger: Yes
  • Paid holidayMinimum paid leave a year (weeks): 4 weeks (5 for some shiftworkers) · Minimum paid leave as the law states it: 4 weeks a year; extra week for some shiftworkers
  • Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Cradle only, touch limited; L/P: none
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
  • Smoke alarms in homesSmoke alarm legally required in homes: Yes, all homes · Minimum alarms and where: At least one working smoke alarm complying with Australian Standard 3786 on each level of the premises.
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 18
  • Drinking age and alcohol salesMinimum age to buy beer and wine: 18 · Minimum age to buy spirits: 18
  • Drink-driving limitsBlood alcohol limit for ordinary drivers: Under 0.05% · Lower limit for novice or young drivers: 0.00% (zero)

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General information, not legal advice. Rules change: check the official source before you fly or ride.