Consumers and patients being falsely accused of driving under the influence (DUI) of cannabis is an important, but often overlooked, area of public policy. It is also an important consideration when it comes to the emerging legal cannabis industry.

The industry’s consumer base is directly impacted by cannabis DUI policy and enforcement. Wherever there are discussions about cannabis commerce legalization and expansion, it is seemingly always coupled with discussions about DUI policy and enforcement.

To be clear, all responsible cannabis advocates, consumers, and patients want to keep public roadways safe. No one should be operating a motor vehicle on a public roadway while impaired, whether that impairment is due to cannabis use, alcohol use, prescription medications, or any other intoxicating substance.

With that being said, just because someone has metabolized cannabinoids in their system does not automatically mean that they are impaired at the time in question. Metabolized cannabinoids, including THC, can stay in a person’s system for weeks or even months after use, and cannabis DUI laws and enforcement need to recognize that fact. Cannabis DUI laws and enforcement should be based on science, and not on anti-cannabis opinions, politics, propaganda, and fearmongering.

Arguably, ground zero for the ongoing debate surrounding cannabis DUI policy and enforcement is Australia, where lawmakers have debated the issue a lot in recent years. Australia permits medical cannabis use, and in the Australian Capital Territory (ACT), personal adult-use cannabis activity is allowed. Two Australian states recently approved cannabis DUI measures, with one state going in one direction and the other state going in the opposite direction.

“Queensland is doubling penalties for drug-driving offences, just as neighbouring New South Wales prepares to take a different approach to motorists who legally use medicinal cannabis.” reported <em><a href=”https://www.perthnow.com.au/lifestyle/motoring/queensland-doubles-drug-driving-fines-as-nsw-relaxes-medicinal-cannabis-laws-c-22902037″target=”_blank”>Perth Now</a></em> in its local coverage.

“The Queensland Parliament passed the Transport and Other Legislation Amendment Act 2026 last week, with its major drink- and drug-driving changes to take effect from December 1, 2026.” the outlet also reported. “Under the changes, the maximum penalty for driving with a relevant drug present in a driver’s blood or saliva will double from 14 to 28 penalty units.”

As alluded to in Perth Now’s reporting, the Parliament of New South Wales (NSW) approved a measure that, if eventually implemented, would provide some level of protection to medical cannabis patients accused of driving under the influence of cannabis.

“Under the laws, roadside drug testing will continue and there will be no changes to the roadside drug testing process carried out by police.” wrote <em><a href=”https://www.westernweekender.com.au/2026/09/medicinal-cannabis-driving-reforms-pass-nsw-parliament/”target=”_blank”>Western Weekender</a></em> in its original reporting. “Any registered medicinal cannabis patient who returns a positive roadside test will continue to receive an immediate 24-hour driving ban while their sample is sent for laboratory testing – as is the case for any driver who returns a positive roadside drug sample.

“If the laboratory result shows THC below the maximum threshold of 50 ng/ml, no further action will be taken. If the laboratory result shows THC at or above the threshold, the driver will receive a warning for a first or second detection within two years.” the outlet also reported.

Any per se THC threshold, including 50 ng/ml, is still not based on sound science. Again, the existence of THC in a person’s system does not equate to automatic impairment. A longtime consumer may have significantly more metabolized THC in their system than 50 ng/ml, even days or weeks after they last consumed cannabis. As such, they would still fail the laboratory testing guidelines being proposed in NSW. The proposal is clearly not perfect, but it would presumably help protect some amount of NSW’s estimated 300,000 medical cannabis patients.