Medicinal cannabis users would not immediately face a criminal charge or be barred from driving if the drug is picked up in their system on a roadside test under a law set to be debated in the ACT.
The ACT Greens this week introduced a bill that would give patients prescribed medicinal cannabis a defence against a drug-driving charge if they are not impaired by the drug.
The Greens' Andrew Braddock said his private member's bill would remove the double standard that meant takers of prescribed opioids needed to be actually impaired while driving to commit an offence but medicinal cannabis users committed an offence just by having the drug present in their system.
"The purpose of this bill is to not create an exemption for medicinal cannabis users, it is to remove the discriminatory treatment they currently face. There is a double standard at work here," Mr Braddock told the Legislative Assembly on Friday.
The Road Transport (Alcohol and Drugs) Amendment Bill 2026 would introduce a defence for medicinal cannabis users who return positive roadside drug tests.
The bill would also prevent medicinal cannabis users only found with THC - tetrahydrocannabinol, the main psychoactive compound in cannabis - in their system in roadside drug tests, but not showing any other signs of impaired driving, from being taken into custody.
THC can be detected in a person long after the impairing effects of the drug have passed.
"This reform is about fairness and common sense. People managing serious conditions like chronic pain, cancer, endometriosis, [post-traumatic stress disorder] and multiple sclerosis should not be forced to choose between their medication and their mobility," Mr Braddock said in a statement.
"If you are not impaired, you have a valid prescription, and you are taking your medication as directed, you should not be treated as a criminal."
The NSW government last week announced changes to its drug driving laws designed to protect medicinal cannabis users from criminal consequences.
Unrestricted licence holders in NSW will have to register as a medicinal cannabis user, provide a copy of their prescription and complete an online program on cannabis and driving safety. Registered users who return a roadside THC reading below a set threshold would be allowed to continue driving.
City and Government Services Minister Tara Cheyne in December told the Assembly the territory government was not considering laws to prevent medicinal cannabis users from being automatically disqualified from driving.
"However, the ACT government is closely monitoring the evolving evidence base for driver impairment following tetrahydrocannabinol (THC) intake to inform future considerations," Ms Cheyne said in response to a question on notice.
"Victoria's introduction of court discretion on whether to suspend a medicinal cannabis user's licence after THC is detected in their system commenced in March 2025 and the use of this discretion is yet to be evaluated. NSW is currently exploring potential reforms."
More than 88 per cent of ACT roadside drug tests conducted in the past three financial years have returned negative results, information provided to the Assembly shows.
Since 2025, territory police have been authorised to use the Securetec DrugWipe 3S, which screens a driver's saliva for methylamphetamine, MDMA, THC and cocaine.
If a roadside screening test returns a positive result, a government laboratory analyses a second sample of a driver's saliva to confirm the presence of drugs.
