One of the most confusing aspects of medicinal cannabis treatment is that driving laws differ across Australia.
A veteran who can legally drive in one state may commit an offence in another, despite having the same prescription and using the same medication.
The information below provides a general overview only. Driving laws change regularly, and veterans should always check the current legislation in their state or territory.
| State/Territory | Can You Drive With THC in Your System? | Notes |
|---|---|---|
| Tasmania | Generally yes, if lawfully prescribed and not impaired | Tasmania remains the most patient-friendly jurisdiction and provides a medical defence for prescribed medicinal cannabis patients who are not impaired. |
| New South Wales | Reforms announced in 2026 | NSW is moving away from a strict zero-tolerance approach for eligible medicinal cannabis patients, introducing a registration and threshold-based system. Implementation details continue to evolve. |
| Victoria | No | It remains an offence to drive with detectable THC in your system, even if medicinal cannabis is legally prescribed. |
| Queensland | No | Queensland currently operates under a zero-tolerance THC detection model regardless of prescription status. A review of the legislation is underway. |
| Western Australia | No | Detectable THC remains an offence regardless of whether the medicinal cannabis was legally prescribed. |
| South Australia | No | Detectable THC remains an offence regardless of prescription status. |
| Australian Capital Territory | No | Despite personal cannabis possession reforms, driving with detectable THC remains an offence. |
| Northern Territory | No | Detectable THC remains an offence regardless of prescription status. |
Tasmania: The Most Veteran-Friendly State
Tasmania is currently the only Australian jurisdiction that provides a practical legal defence for many medicinal cannabis patients who are lawfully prescribed THC-containing products and are not impaired while driving.
Importantly, this does not mean veterans should drive if they feel impaired. Impaired driving remains illegal throughout Australia regardless of the medication involved.
New South Wales: Major Changes Are Coming
NSW has announced reforms designed to better distinguish between impairment and simple THC detection.
Under the proposed model, eligible medicinal cannabis patients who register and meet certain requirements may avoid the automatic penalties traditionally associated with THC detection. The reforms are intended to recognise that a person may have legally prescribed THC in their system without necessarily being impaired.
As these changes are being implemented, veterans should ensure they understand the current rules that apply to them before driving.
The Rest of Australia
For most Australian states and territories, the law remains relatively simple:
- If THC is detected during roadside testing, an offence may occur regardless of whether the medicinal cannabis was legally prescribed.
- A prescription does not automatically provide a defence.
- Feeling unimpaired does not necessarily mean it is legal to drive.
- Driving while actually impaired remains illegal in every jurisdiction.
What Does This Mean for Veterans?
Many veterans rely on driving for work, medical appointments, family responsibilities and day-to-day independence.
Before commencing THC-containing medicinal cannabis, it is important to discuss:
- Your driving requirements
- The type of medicinal cannabis product prescribed
- Whether CBD-only options may be appropriate
- Your state’s current legislation
- Potential alternatives if driving restrictions apply
At Aculeus, driving safety forms part of every medicinal cannabis assessment. Our doctors discuss both the clinical and legal considerations of treatment so veterans can make informed decisions that balance symptom relief, safety and compliance with Australian road laws.
