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CBD and driving in Australia

Roadside tests look for THC, not CBD, but many CBD oils contain some THC. The law in every state and territory, and what driving studies found.

Facts checked 13 November 20269 min readHow we research

Roadside drug tests in Australia look for THC (the compound in cannabis that causes a high), not CBD (cannabidiol). The catch is that many products sold or prescribed as “CBD oil” contain some THC, and driving with any detectable THC is an offence in every state and territory. As of November 2026, Tasmania is the only place with a defence in force for THC taken as prescribed.

Why the type of product matters more than the label

Australian law sorts cannabis medicines by what is in them, not by what they are called.

  • CBD-only products (Schedule 4). CBD must make up 98% or more of the cannabinoids in the product. Up to 2% can be other cannabinoids found naturally in cannabis, and that can include a small amount of THC.1
  • Everything else (Schedule 8). A product with more than 2% other cannabinoids falls outside the CBD entry. This covers most full-spectrum oils and the products prescribers call “CBD-dominant”, which can contain a meaningful amount of THC.12

So “CBD oil” on a label does not tell you whether a roadside test could react to it. Victoria’s patient fact sheet says so directly: “some that contain mostly CBD may also contain very small amounts of THC”.3 Our guide to full spectrum, broad spectrum and isolate explains the terms, and a certificate of analysis shows how much THC a batch contains.

Three governments have said in plain words that it is, with a condition:

  • New South Wales: “Patients taking cannabidiol(CBD)-only medicines can lawfully drive if they are not impaired.”4
  • Victoria: “If you are taking cannabidiol-only (CBD) medicines, you can legally drive, as long as you are not impaired.”3
  • Queensland: “Patients taking cannabidiol-only (CBD) medicinal cannabis can lawfully drive, as long as they are not impaired.”5

For South Australia, Western Australia, Tasmania, the ACT and the Northern Territory, we could not find an official statement about CBD-only products and driving. Their laws target THC (see the table below), but that is our reading of the legislation, not a government assurance. Residents of those places should check with their state or territory transport or health department.

Two limits apply everywhere. First, driving while impaired by any drug is its own offence, even when the drug is prescribed. Second, a CBD-only product that carries trace THC is still a product with THC in it. Whether a trace could trigger a test depends on the product, the dose and the person, and no government source we found gives a safe amount.

State and territory driving laws compared

“Presence offence” means it is an offence to drive with the drug detectable in saliva or blood, whether or not the driver is impaired.

State or territory THC presence offence in force? Medical defence or exemption for prescribed THC Official position on CBD-only products Recent or pending changes
New South Wales Yes. Road Transport Act 2013, s 111(1)6 Not yet. A registration scheme has passed Parliament but has not commenced7 Lawful if not impaired4 Scheme passed both Houses 17 September 2026; starts on a date to be proclaimed78
Victoria Yes. Road Safety Act 1986, s 49(1)(bb)6 No defence. Since 1 March 2025 a court may choose not to cancel a prescribed patient’s licence9 Lawful if not impaired3 Results of a government-funded closed-track driving trial not published as of October 202610
Queensland Yes. Transport Operations (Road Use Management) Act 1995, s 79(2AA)6 None. Zero tolerance reaffirmed by a state review11 Lawful if not impaired (2020 ministerial answer)5 Higher penalties passed 17 September 2026; in force from 1 December 202612
South Australia Yes. Road Traffic Act 1961, s 47BA6 None13 No official statement found A parliamentary committee recommended a defence in 2024; no bill found as of November 202614
Western Australia Yes. Road Traffic Act 1974, s 64AC6 None. Applies “regardless of whether the THC comes from prescribed legal medicinal cannabis”15 No official statement on the law found A government working group report was reported to be with the minister and unpublished as of August 202616
Tasmania Yes. Road Safety (Alcohol and Drugs) Act 1970, s 6A(1)17 Yes. No offence if the drug “was obtained and administered in accordance with the Poisons Act 1971”17 No official statement found None found
ACT Yes. Road Transport (Alcohol and Drugs) Act 1977, s 2018 None19 No official statement found. Roadside tests target cannabis “that contains” THC19 A bill for a lawful-use defence was before the Assembly as of November 2026; a committee recommended on 11 November 2026 that it not pass in its current form20
Northern Territory Yes. Traffic Act 1987, s 28(1)21 None. THC is listed as a drug to which the Act’s medical-treatment defence does not apply22 No official statement found. Cannabidiol is not on the list of prescribed drugs22 An amending bill was reported to have passed in October 2026; we could not confirm it23

Each state has its own page with penalties and local detail: New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the ACT and the Northern Territory.

What is changing

New South Wales. Parliament passed the Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 on 17 September 2026.8 Under the scheme as passed, a “registered medical cannabis user” commits no presence offence if THC is below 50 nanograms per millilitre in saliva (3.5 in blood) and no alcohol or other illicit drug is found. Learner, provisional and commercial drivers are excluded, and a positive roadside test still means a 24-hour driving ban.7 The law starts on a date set by proclamation. As of November 2026 we could not confirm that a start date has been set, so the existing zero-tolerance rule still applies to prescribed patients until the scheme begins.

Queensland. From 1 December 2026 the presence offence carries a mandatory minimum fine of 7.5 penalty units and a maximum of 28 penalty units or three months in prison.12 There is no exemption for prescribed patients.11

Victoria. Since 1 March 2025 a magistrate may decide not to cancel the licence of a patient who tests positive for THC taken “in accordance with a prescription or other authority”.9 The driver is still guilty of the offence, the fine stands, and the patient has to go to court to ask.24

Does CBD itself impair driving?

Two studies from the University of Sydney’s Lambert Initiative tested this directly.

  • In an on-road study, 26 healthy occasional cannabis users vaporised cannabis containing mainly CBD, mainly THC, both, or a placebo, then drove 100 km on a highway. Lane weaving after the CBD-dominant cannabis did not differ from placebo. The cannabis containing THC impaired driving at 40 to 100 minutes. The authors cautioned that the CBD dose was low (13.75 mg) and that the result could not rule out a meaningful effect.25
  • In a driving-simulator study, 17 people took a placebo or 15, 300 or 1,500 mg of CBD by mouth. No dose impaired thinking skills or caused feelings of intoxication. Simulated driving was no worse than placebo on several measures, though some comparisons were inconclusive.26

These are small studies of healthy adults taking pure CBD. They do not show what happens with daily use, in older people, or alongside other medicines. CBD can cause sleepiness, especially with alcohol or sedating medicines; see CBD side effects and CBD drug interactions. A Western Australian government information sheet puts it this way: “CBD has a lower risk than THC for driving but its sedative effect cannot be ignored.”27

The Therapeutic Goods Administration’s general guidance on medicinal cannabis, written with THC products in mind, is that patients should be advised not to drive while being treated.28 Prescribers are expected to tell patients that an unapproved cannabis product may affect driving.29

Questions to ask your prescriber or pharmacist

  • Is this product Schedule 4 (CBD-only) or Schedule 8?
  • How much THC does each dose contain, according to the certificate of analysis?
  • Could this medicine make me drowsy, on its own or with my other medicines?
  • What does the driving law in my state mean for this product?

The same THC question decides the result of a workplace test. See Will CBD show up on a drug test? and CBD at work.

Footnotes

  1. Australian Government. Therapeutic Goods (Poisons Standard, October 2026) Instrument 2026, Schedule 4 and Schedule 8 entries. https://www.legislation.gov.au/F2026L01327/asmade/2026-09-30/text/original/pdf ↩ ↩2

  2. Therapeutic Goods Administration. Medicinal cannabis (Category 2 to 5 products are Schedule 8). https://www.tga.gov.au/products/unapproved-therapeutic-goods/medicinal-cannabis ↩

  3. Victorian Government. Medicinal cannabis and driving: patient fact sheet. https://edge.sitecorecloud.io/stategovernc45d-cftw-production-c9ca/media/Project/TransportWebsite/Forms/medicinal-cannabis-and-driving-patient-factsheet.pdf ↩ ↩2 ↩3

  4. NSW Government, Centre for Medicinal Cannabis Research and Innovation. Driving (information for patients). Read from a copy captured on 29 March 2026. https://www.medicinalcannabis.nsw.gov.au/patients/driving ↩ ↩2

  5. Queensland Parliament. Answer to Question on Notice No. 1224, 2020. https://documents.parliament.qld.gov.au/tableoffice/questionsanswers/2020/1224-2020.pdf ↩ ↩2

  6. Section numbers are those of each state’s road transport Act. Government summaries of the offence and penalties: NSW Government https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offences/offences/alcohol-and-drug-offences/drink-and-drug-driving-penalties ; Victoria Legal Aid https://www.legalaid.vic.gov.au/drug-driving ; Queensland Government https://www.qld.gov.au/transport/safety/road-safety/drink-driving/drugs/queensland-drug-driving-review ; Government of South Australia https://www.sa.gov.au/topics/driving-and-transport/offences/disqualification-and-suspension/types-of-disqualification/drug-driving ; Government of Western Australia https://www.wa.gov.au/organisation/road-safety-commission/drink-and-drug-driving ↩ ↩2 ↩3 ↩4 ↩5

  7. Parliament of New South Wales. Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026, as passed by both Houses. https://files.parliament.nsw.gov.au/fileapi/ParlFiles/GetArtifact?serverRelativeUrl=%2Fbill%2Ffiles%2F18920%2FPassed+by+both+Houses.pdf ↩ ↩2 ↩3

  8. The Canberra Times. State sets agenda on medicinal cannabis drivers, September 2026. https://www.canberratimes.com.au/story/9352659/state-sets-agenda-on-medicinal-cannabis-drivers/ ↩ ↩2

  9. Parliament of Victoria. Roads and Road Safety Legislation Amendment Bill 2024, Legislative Council amendment schedule (inserting Road Safety Act 1986 s 50(1F)). https://legislation.vic.gov.au/sites/default/files/2024-11/LC-Amendment-schedule-Roads-and-Road-Safety-Legislation-Amendment-Bill-2024.pdf ↩ ↩2

  10. Inside State Government. Medicinal cannabis driving trial on track. https://www.insidestategovernment.com.au/medicinal-cannabis-driving-trial-on-track/ ↩

  11. Queensland Government. Queensland Drug Driving Review, updated 26 June 2026. https://www.qld.gov.au/transport/safety/road-safety/drink-driving/drugs/queensland-drug-driving-review ↩ ↩2

  12. Queensland Legislation. Transport and Other Legislation Amendment Act 2026. https://www.legislation.qld.gov.au/view/whole/html/asmade/act-2026-023 ↩ ↩2

  13. Government of South Australia. Drug driving, updated 9 November 2026. https://www.sa.gov.au/topics/driving-and-transport/offences/disqualification-and-suspension/types-of-disqualification/drug-driving ↩

  14. InDaily. Driving ban rule change urged for medicinal cannabis users, September 2024. https://www.indailysa.com.au/news/archive/2024/09/17/driving-ban-rule-change-urged-for-medicinal-cannabis-users ↩

  15. Government of Western Australia, HealthyWA. Cannabis (medicinal cannabis). https://www.healthywa.health.wa.gov.au/Articles/A_E/Cannabis ↩

  16. Office of a WA Member of the Legislative Council. Medicinal cannabis driving reforms: transparency, August 2026. https://www.brianwalkermlc.com.au/news/medicinal-cannabis-driving-reforms-transparency ↩

  17. Tasmanian Legislation. Road Safety (Alcohol and Drugs) Act 1970, s 6A. https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1970-077 ↩ ↩2

  18. ACT Legislation Register. Road Transport (Alcohol and Drugs) Act 1977. https://www.legislation.act.gov.au/a/1977-17/current/pdf/1977-17.pdf ↩

  19. ACT Government, City Services. Drink and drug driving. https://www.cityservices.act.gov.au/roads-and-paths/road-safety/drink-and-drug-driving ↩ ↩2

  20. Region Canberra. Report advises against roadside test carve-out for Canberra’s medicinal cannabis users, for now, November 2026. https://region.com.au/report-advises-against-roadside-test-carve-out-for-canberras-medicinal-cannabis-users-for-now/1014429/ ↩

  21. Northern Territory Legislation. Traffic Act 1987, ss 19A, 28 and 29 (version as in force at 10 February 2026). https://legislation.nt.gov.au/en/Legislation/TRAFFIC-ACT-1987 ↩

  22. Northern Territory Legislation. Traffic Regulations 1999, reg 55A and Schedule 1A (version as in force at 28 May 2026). https://legislation.nt.gov.au/en/Legislation/TRAFFIC-REGULATIONS-1999 ↩ ↩2

  23. Reported by a third-party reform tracker only; not confirmed on the Northern Territory legislation website. https://www.canidrive.com.au/reform-tracker/ ↩

  24. Victorian Department of Transport and Planning. Medicinal cannabis: 1 March amendment, March 2025. https://www.its.vic.edu.au/wp-content/uploads/2025/03/Medicinal_Cannabis_1_March_Amendment_March_2025_FINAL.pdf ↩

  25. Arkell TR and others. Effect of cannabidiol and delta-9-tetrahydrocannabinol on driving performance: a randomized clinical trial. JAMA, 2020. https://doi.org/10.1001/jama.2020.21218 ↩

  26. McCartney D and others. Effects of cannabidiol on simulated driving and cognitive performance. Journal of Psychopharmacology, 2022. https://pubmed.ncbi.nlm.nih.gov/35637624/ ↩

  27. Government of Western Australia, WorkSafe. Medicinal cannabis in the workplace: information sheet, 2025. https://worksafe.wa.gov.au/system/files/documents/2025-01/BR_MedicinalCannabis_0.pdf ↩

  28. Therapeutic Goods Administration. Guidance for the use of medicinal cannabis in Australia: overview. https://www.tga.gov.au/resources/resource/guidance/guidance-use-medicinal-cannabis-australia-overview ↩

  29. Therapeutic Goods Administration. Do your patients know the risks of unapproved medicinal cannabis products? https://www.tga.gov.au/news/blog/do-your-patients-know-risks-unapproved-medicinal-cannabis-products ↩

Common questions

Can you drive on CBD oil in Australia?

Government sources in New South Wales, Victoria and Queensland say patients taking cannabidiol-only medicines can lawfully drive as long as they are not impaired (in Queensland's case, in a 2020 ministerial answer). We found no equivalent official statement for the other states and territories. Products that contain THC are treated differently everywhere, and driving while impaired by any medicine is an offence in every jurisdiction.

Do roadside saliva tests detect CBD?

No. Roadside oral fluid tests are designed to detect THC and some other drugs such as methylamphetamine and MDMA. CBD is not a target. A positive result after taking a CBD product almost always means the product contained THC.

Is a prescription a defence if I test positive for THC?

As of November 2026, only in Tasmania, where the offence does not apply if the drug was obtained and administered in accordance with the Tasmanian Poisons Act. Victoria lets a court decide not to cancel the licence of a prescribed patient, but the offence and fine still apply. New South Wales has passed a registration scheme that has not started.

Can full-spectrum CBD oil make you fail a roadside test?

It can. Full-spectrum oils contain THC along with CBD, and roadside tests respond to THC whatever its source. Studies of full-spectrum, high-CBD products have recorded positive drug tests in people taking them as directed.

This page is general information, not medical or legal advice. Laws and evidence change; we show the date we last checked the facts at the top of every page. Talk to your doctor or pharmacist before starting, stopping or changing any medicine.

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