ACT Greens Introduce Medicinal Cannabis Driving Reform Bill as Decriminalised Cannabis Territory Pushes Further Reform
- Cannabis Club Australia
- 1 day ago
- 2 min read
The Australian Capital Territory has taken another significant step towards medicinal cannabis driving reform, with a new Bill introduced into the ACT Legislative Assembly that aims to distinguish THC presence from actual driver impairment.
Introduced by ACT Greens MLA Andrew Braddock, the Road Transport (Alcohol and Drugs) Amendment Bill 2026 would provide legal protections for prescribed medicinal cannabis patients who test positive for THC at roadside drug tests, while maintaining penalties for drivers who are impaired.
The proposal comes from Australia's only jurisdiction where personal cannabis possession and home cultivation have been decriminalised.
Under current laws, medicinal cannabis patients can face penalties simply because THC is detected in their system, regardless of whether they are impaired.
Mr Braddock argues this creates a double standard.
Patients prescribed opioids or benzodiazepines are generally assessed based on impairment, while medicinal cannabis patients can face legal consequences solely because THC is present.
"The roadside drug test does not measure impairment; it measures presence. These are not the same thing," Mr Braddock said.
"The purpose of this bill is not to create an exemption for medicinal cannabis users, it is to remove the discriminatory treatment they currently face."
The Bill would establish a statutory defence for patients who lawfully use prescribed medicinal cannabis where THC is the only drug detected and there is no evidence of impairment.
Importantly, the legislation would not provide protection for anyone driving while impaired.
Road safety offences would remain in place, and police would continue to have the power to investigate and prosecute impaired drivers.
The ACT proposal differs significantly from reforms recently announced in New South Wales.
While NSW has proposed a registration-based system that would still see patients face roadside consequences and potential suspensions following positive tests, the ACT Bill focuses on lawful medicinal cannabis use and actual impairment rather than the mere presence of THC.
Tasmania currently provides legal protections for medicinal cannabis patients, while Victoria has introduced limited reforms. The ACT Bill is among the strongest medicinal cannabis driving reform proposals introduced in Australia to date.
Cannabis Club Australia View
For many medicinal cannabis patients, the issue has never been about avoiding road safety laws.
The issue is being treated as a criminal despite having a valid prescription, following medical advice and not being impaired.
Cannabis Club Australia supports evidence-based road safety laws that target impaired driving, not the presence of a legally prescribed medicine.
Patients are patients, not criminals.
Read the Bill
📄 Road Transport (Alcohol and Drugs) Amendment Bill 2026
