Across Australia, zero‑tolerance for THC generally applies when it comes to driving. That means driving with any detectable THC - even from a prescription - is illegal in most states and territories. The exception: Tasmania, which allows certain discretion. Meanwhile, CBD‑only (THC‑free) medications are permitted for driving if the patient is not impaired.
|
State / Territory |
Driving with THC (even if prescribed) |
Permitted if CBD‑only and not impaired? |
Notes & Latest Developments |
|
Tasmania |
Allowed if not impaired |
Yes |
Tasmania is the only jurisdiction that legally allows driving with THC present if a valid prescription is held and the driver is not impaired. |
|
Victoria |
Not allowed, but new judicial discretion from 1 Mar 2025 |
Yes |
Previously, THC detection—regardless of impairment—meant automatic licence cancellation. Now patients with a valid prescription can appear in court, where a magistrate may use discretion instead of mandatory suspension. |
|
New South Wales |
Not allowed |
Yes |
Zero tolerance for THC. Prescription is not a legal defence. Reforms have been proposed to allow prescription as a defense if not impaired, but none enacted yet. |
|
Queensland |
Not allowed |
Yes |
Driving with THC is illegal even if legally prescribed. Saliva tests followed by confirmatory tests are used. Prescription is not a defence. |
|
South Australia |
Not allowed |
Yes |
Any detectable THC is illegal. Penalties include fines, demerit points, and licence disqualification. |
|
Western Australia |
Not allowed |
Yes |
Zero tolerance. As of Feb 2025, a positive test triggers a 24‑hour immediate suspension and a fine (~$600), plus other sanctions. |
|
Australian Capital Territory |
Not allowed |
Yes |
Recreational cannabis may be legal in ACT, but driving with any THC is illegal with strict penalties. |
|
Northern Territory |
Not allowed |
Yes |
Zero tolerance. |
As laws continue to evolve, staying informed and speaking with your doctor or pharmacist about your treatment and driving responsibilities is crucial. Use THC testing kits at home to check when THC might still be detectable. When in doubt, err on the side of caution - your safety is paramount.
Got any questions? Reach out to our team at 1300 420 965 or email us at hello@dispensedirect.com.au.