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CBD oil in New South Wales: the law, prescribing rules and driving

CBD (cannabidiol) is a prescription medicine in NSW as everywhere in Australia. What is different is a 2026 driving scheme that has passed but not started.

Facts checked 13 November 20266 min readHow we research

This page is about CBD oil (cannabidiol) in New South Wales, not the Sydney city centre. The short version: CBD is a prescription-only medicine in NSW, exactly as it is in every other state, because scheduling is national. What sets NSW apart in 2026 is a new driving scheme for prescribed cannabis patients that has passed Parliament but, as far as we can confirm, has not started.

What is different in NSW

  • A driving registration scheme is on the way. It passed both Houses on 17 September 2026 and commences on a date to be proclaimed.12
  • The state has put its CBD driving position in writing. “Patients taking cannabidiol(CBD)-only medicines can lawfully drive if they are not impaired.”3
  • State approval to prescribe is rarely needed. It applies only to Schedule 8 cannabis medicines for people with substance dependence.4

Yes, on prescription. The national Poisons Standard places cannabidiol in Schedule 4 (prescription only) when CBD makes up 98% or more of the cannabinoids in the product.5 A Schedule 3 (pharmacist-only) entry exists for low-dose CBD, but NSW Health confirms that no product on the national register meets it, so nothing can be bought over the counter.4 See Can you buy CBD over the counter in Australia?

Products with more than 2% other cannabinoids, which includes most full-spectrum oils, are Schedule 8 controlled drugs.5

NSW adds a point that matters for anything bought outside a pharmacy. NSW Health states that cannabis products not classified as Schedule 3, 4 or 8 “are considered prohibited drugs” under the NSW Drug Misuse and Trafficking Act 1985, and that possessing them is illegal.4 A “CBD oil” sold online or in a shop without a prescription is not a scheduled medicine supplied lawfully. See buying CBD online.

How prescribing works in NSW

Prescribing is governed by the national system. A doctor or nurse practitioner prescribes, and because nearly all CBD products are unregistered, the prescriber needs approval or authorisation from the Therapeutic Goods Administration (TGA).6 See how the TGA regulates CBD for the national rules.

NSW-specific rules, from NSW Health:4

  • State approval. Required only when a Schedule 8 cannabis medicine is prescribed, supplied or administered to a person with substance dependence. A CBD-only medicine is Schedule 4 and falls outside this.
  • Nurse practitioners. A medical practitioner can prescribe unregistered Schedule 8 cannabis medicines under either TGA pathway. A nurse practitioner can do so under the Special Access Scheme only.
  • No substitution. A Schedule 8 cannabis prescription must be dispensed exactly as written, including strength and brand if specified. A different product needs a new prescription.
  • Pharmacy stock. Pharmacists cannot hold unregistered cannabis medicines in stock for future prescriptions without Commonwealth approval, which is one reason a script is usually ordered in.

NSW has a real-time prescription monitoring system. We could not open NSW Health’s page describing which cannabis medicines it covers, so we do not state that here. NSW Health’s Pharmaceutical Services unit can confirm.

Driving in NSW

The law today

Driving with THC present in saliva, blood or urine is an offence under section 111(1) of the Road Transport Act 2013. It does not depend on impairment, and a prescription is not a defence.37 The NSW Government’s patient page says: “It is illegal for patients taking cannabis medicines which contain delta-9-tetrahydrocannabinol (THC) to drive.”3

For a first offence, the penalty notice is $722 with a three-month licence suspension. If the matter goes to court, the maximum fine is $2,200 with an automatic six-month disqualification (minimum three months).7

For CBD-only medicines the same page says patients “can lawfully drive if they are not impaired”, and adds that CBD “can cause drowsiness, fatigue and lowered blood pressure”.3 A CBD-only medicine may still contain a trace of THC within the 2% allowance.5 We read this NSW page from a copy captured on 29 March 2026 because the live site could not be reached.

The 2026 scheme (passed, not yet in force)

The Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 was introduced in June 2026 and passed both Houses on 17 September 2026.82 As passed, it provides that:1

  • a “registered medical cannabis user” commits no presence offence if THC is below 50 nanograms per millilitre in saliva, or 3.5 in blood, and no alcohol or other illicit drug is detected
  • registration needs an unrestricted NSW licence, a valid prescription and completion of an education program
  • learner and provisional drivers, commercial and special-category drivers, and driving instructors are excluded
  • driving at or above the threshold is a new offence
  • written warnings replace charges for a first or second detection within two years
  • a positive roadside test still brings a 24-hour driving ban
  • the scheme is reviewed after 12 months.

The Act commences on a day set by proclamation.1 We could not confirm from an official NSW source that it has received a start date, or that registration has opened, as of 13 November 2026. Until then nothing has changed on the road. Check Transport for NSW for the current status before relying on the scheme.

The full comparison with other states is in CBD and driving.

Hemp in NSW

Industrial hemp is grown in NSW under the Hemp Industry Act 2008. We could not open the NSW legislation or primary industries pages to confirm the licence conditions and THC limit, so we do not state them. The NSW Department of Primary Industries is the authority to ask.

Hemp seed foods have been legal to sell across Australia since 12 November 2017, and may contain no more than 75 mg/kg of CBD.9 They are a food, not a CBD product. See CBD oil vs hemp seed oil and industrial hemp in Australia.

Is NSW moving towards legalisation?

A NSW upper house inquiry tabled its final report on 20 June 2025, recommending staged reform beginning with decriminalisation.10 The government was reported to have declined to adopt it.11 No Australian state has a legal retail market for cannabis or CBD. See cannabis legalisation in Australia.

What we could not confirm for NSW

  • Whether the 2026 driving scheme has commenced, and the official assent date and Act number.
  • Which cannabis medicines the NSW prescription monitoring system records.
  • The licence rules and THC limit under the Hemp Industry Act 2008.

Footnotes

  1. 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

  2. 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

  3. 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 ↩3 ↩4

  4. NSW Health. Cannabis medicines: frequently asked questions. https://www.health.nsw.gov.au/pharmaceutical/cannabismedicines/Pages/faqs.aspx ↩ ↩2 ↩3 ↩4

  5. Australian Government. Therapeutic Goods (Poisons Standard, October 2026) Instrument 2026. https://www.legislation.gov.au/F2026L01327/asmade/2026-09-30/text/original/pdf ↩ ↩2 ↩3

  6. Therapeutic Goods Administration. Medicinal cannabis: access pathways. https://www.tga.gov.au/products/unapproved-therapeutic-goods/medicinal-cannabis/access-pathways ↩

  7. NSW Government. Drink and drug driving penalties. https://www.nsw.gov.au/driving-boating-and-transport/demerits-penalties-and-offences/offences/alcohol-and-drug-offences/drink-and-drug-driving-penalties ↩ ↩2

  8. NSW Government. Medicinal cannabis driving reforms introduced to Parliament, ministerial release, June 2026. https://www.nsw.gov.au/ministerial-releases/medicinal-cannabis-driving-reforms-introduced-to-parliament-by-minns-labor-government ↩

  9. Australia New Zealand Food Standards Code, Standard 1.4.4 (compilation in force 12 November 2017). https://www.legislation.gov.au/F2015L00416/2017-11-12/2017-11-12/text/original/epub/OEBPS/document_1/document_1.html ↩

  10. NSW Legislative Council. Impact of the regulatory framework for cannabis in New South Wales, Report 66, 20 June 2025. https://www.parliament.nsw.gov.au/lcdocs/inquiries/3043/Report%2066%20-%20Impact%20of%20the%20regulatory%20framework%20for%20cannabis%20in%20NSW%20-%2020%20June%202025.pdf ↩

  11. Legalise Cannabis Party. NSW Government rejects cannabis overhaul but leaves door open for policy reform. https://www.legalisecannabis.org.au/nsw_govt_rejects_cannabis_overhaul_but_leaves_door_open_for_policy_reform ↩

Common questions

Is CBD oil legal in NSW?

Yes, with a prescription. Cannabidiol is a Schedule 4 prescription-only medicine under the national Poisons Standard, which NSW applies. NSW Health says cannabis products that do not fall within Schedule 3, 4 or 8 are prohibited drugs under the Drug Misuse and Trafficking Act 1985.

Has the NSW medicinal cannabis driving law started?

Parliament passed the scheme on 17 September 2026, and it starts on a date to be set by proclamation. As of 13 November 2026 we could not confirm that a start date has been proclaimed or that registration is open. Until it starts, driving with any detectable THC remains an offence, even with a prescription. Check with Transport for NSW.

Can I drive on CBD oil in NSW?

The NSW Government states that patients taking cannabidiol-only medicines can lawfully drive if they are not impaired. That applies to CBD-only products. Many oils described as CBD contain some THC, and driving with THC present is an offence in NSW.

Do NSW doctors need state approval to prescribe CBD?

Not for a CBD-only (Schedule 4) medicine. NSW Health says its approval is required when a Schedule 8 cannabis medicine is prescribed to a person with substance dependence. Unregistered products also need approval or authorisation from the Therapeutic Goods Administration.

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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