Proposed NSW Drug Driving Law Change Considerations

NSW’s proposed medicinal cannabis driving law reforms are an important step toward fairness – but they also introduce new layers of complexity.

For employers, this is an opportunity to:

• Reassess drug and alcohol policies and procedures
• Strengthen training programs
• Ensure drug testing strategies remain fit for purpose

Most importantly, it’s a reminder that safety is defined by readiness, awareness, and the ability to manage risk in real-world conditions.

Proposed changes to NSW drug driving laws are bringing this question into sharper focus. Currently, it remains an offence in NSW to drive with THC present in the body – even for individuals with a valid medicinal cannabis prescription. However, proposed reforms would allow eligible drivers to register with Transport for NSW and be exempt from the ‘drug presence’ offence.

While this reform aims to improve fairness for patients, it also introduces new complexities for employers, fleet operators, and workplace safety professionals – particularly in safety-critical industries. This is a risk management conversation, workplaces should already be having.

Fairness vs Safety

At the heart of the proposed changes is a valid concern – patients using prescribed medicinal cannabis should not be unfairly penalised where medication is taken lawfully. But this raises an important question – is THC comparable to other prescribed medications that may impact driving?

Unlike alcohol, there is no universally accepted “impairment” threshold for THC, making it difficult to clearly define the line between “legal” and “safe.” For employers, this creates a critical distinction – a worker may be legally permitted to drive under NSW law – but still not be fit for duty in a workplace context. 

Additional complexities:

• THC can remain detectable long after psychoactive effects have diminished
• The detection window can vary significantly depending on method of use (e.g. smoking vs oil), frequency of use and the type of drug test performed (oral fluid/saliva vs urine)
• Roadside drug tests detect presence only and require a NATA laboratory confirmatory test for ALL not-negative/unconfirmed results

For industries such as transport, construction, and mining – where reaction time, judgement, and coordination are critical – this uncertainty presents safety risks. It also raises a practical challenge – how do workplaces differentiate between medicinal and illicit cannabis use – particularly where a driver may be registered under the proposed NSW changes?

Workplace Implications – Duty of Care Remains Unchanged

While road laws may evolve, workplace health and safety obligations do not.  Under WHS legislation, employers must continue to:

• Provide a safe working environment
• Manage risk effectively
• Ensure workers are fit for duty

Legal exemptions do not remove these responsibilities. Organisations must take a proactive, risk-based approach, tailored to their operations and the level of safety risk in specific roles.

Start the Conversation

Now is the time – particularly for NSW-based organisations – to:

• Review existing risk profiles
• Reassess drug and alcohol policies and procedures
• Ensure alignment with emerging legal and operational realities

What This Means for Fleet Operators and Onsite Testing Providers

For fleet operators, logistics companies, and onsite testing providers, the implications are immediate if the NSW drug driving laws change.

• Drivers and Contractors
  • Registered medicinal cannabis users may legally operate vehicles
  • Employers remain responsible for the safe operation of vehicles and plant
  • Contractor management must align with internal safety standards

• Fatigue and Impairment Overlap
  • Cannabis use doesn’t exist in isolation. It may intersect with fatigue, shift work and other prescribed medications.
  • This reinforces the need for a holistic fit-for-duty framework, rather than reliance on drug and alcohol testing alone.

• Duty of Care in Transport and Logistics
  • Organisations must be able to demonstrate:
    • Clear Drug and Alcohol policies and procedures
    • Effective Drug and Alcohol education and awareness programs
    • Consistent application and enforcement
    • Evidence-based decision-making

In the event of an incident and/or accident, the key question will not be – was it legal. But rather – was it safe, and was it managed appropriately?

Registering Medicinal Cannabis Use – Will Disclosure Change?

An often-overlooked implication of these reforms is their potential impact on workplace disclosure. If drivers are required to register medicinal cannabis use with Transport for NSW, it may:

• Reduce stigma associated with disclosure
• Increase employee confidence in reporting prescribed use
• Create expectations for similar transparency in the workplace

However, this introduces new challenges in managing sensitive information. Employers must carefully balance privacy obligations, anti-discrimination considerations and safety responsibilities.

Clear protocols are essential to ensure employees are treated fairly, consistently, and respectfully.

The Role of Policy, Training and Workplace Drug Testing

These changes reinforce the importance of a structured, informed approach to workplace safety. Workplaces can no longer rely on simple “zero tolerance” messaging alone.

Instead, effective strategies should include:

• Clear, Updated Policies and Procedures
  • Define expectations around prescribed medication use
  • Address safety-critical roles explicitly
  • Align with current and evolving legislation
• Supervisor Training
  • Equip leaders to identify and manage drug-related risks
  • Build confidence in conducting reasonable cause assessments
  • Focus on improving safety outcomes – not punitive responses
• Fit-for-Purpose Testing Programs
  • Apply the right drug testing method for the right context
  • Understand the limitations of detection-based testing
  • Integrate drug and alcohol testing within a broader safety framework

Fit for Duty – Principle That Doesn’t Change

Fit for duty is not about catching people out – it’s about building awareness, supporting informed decisions, and creating safer workplaces. The proposed NSW law changes reinforce this philosophy. They challenge organisations to move beyond rigid rules and toward:

• • Education,
  • Clear communication, and 
  • Practical, defensible risk management

How We Can Support Your Organisation

As Australia’s full-service partner in workplace drug and alcohol safety, we support organisations to navigate complexity with confidence through:

• • Drug & Alcohol policy and procedure support
  • Workplace drug and alcohol testing programs
  • Supervisor and educational awareness training
  • Onsite drug and alcohol testing services across NSW
  • Testing instruments and solutions
  • Training, education, and toxicology support

Your One Provider for Testing, Training, Policy, Procedure & Support.

Source – Transport for NSW. Medical Cannabis and Driving.