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Medicinal Cannabis & Driving in WA: Law & Penalties (2026)
Strict presence offence — working group considering reform Last verified:
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- : Verification sweep: legal position checked against legislation, official guidance and practitioner sources; figures current as at July 2026.
Under section 64AC of the Road Traffic Act 1974 (WA), driving with a prescribed drug (including THC) in blood or oral fluid is an offence regardless of a valid prescription. A separate, more serious impaired-driving offence exists under s64AB. Random roadside drug testing has operated since 2007. A WA medicinal cannabis and safe driving working group has been considering evidence and potential reform, but no change has passed as of the research date.
Just tested positive? What happens next in Western Australia, step by step →
Medicinal cannabis and driving in WA: where the law stands
Western Australia is a strict presence-offence state. Under section 64AC of the Road Traffic Act 1974 (WA), driving with a prescribed drug — including THC — in your blood or oral fluid is an offence, regardless of whether you have a valid prescription.
WA also has a separate, more serious impaired-driving offence under section 64AB, and police have conducted random roadside drug testing since 2007.
Penalties
WA penalties are set in penalty units. The s64AC figures below are verified against the consolidated Road Traffic Act 1974 (July 2026); the s64AB figures are as reported by legal practitioners:
- Presence offence (s64AC): first offence — fine of up to 25 penalty units. Second or subsequent offence — fine of 25 to 40 penalty units and disqualification from driving for at least six months.
- Driving impaired by drugs (s64AB): first offence — fine of 34 to 75 penalty units and disqualification for at least 10 months. Second offence — fine of 63 to 105 penalty units or nine months imprisonment, and disqualification for at least 30 months.
- Refusing a driver assessment test or blood/urine sample is a separate offence with penalties comparable to the underlying charge.
Reform status
A WA medicinal cannabis and safe driving working group has been considering evidence and potential reform, and Legalise Cannabis WA continues to campaign for change — but no medicinal cannabis driving reform has passed as of the research date.
FAQ (render with FAQPage schema)
Can I be charged in WA even though my cannabis is prescribed? Yes. Section 64AC applies regardless of prescription — the offence is presence, not impairment.
Is WA going to change the law? A working group has been examining the issue and campaigners are pushing hard, but nothing has passed. Watch this page.
Active reform items
- WA medicinal cannabis and safe driving working group considering evidence and potential reform; Legalise Cannabis WA campaigning. (No reform passed as of research date.)
Quick answers for Western Australia
Can I drive with a medicinal cannabis prescription in Western Australia?
Under section 64AC of the Road Traffic Act 1974 (WA), driving with a prescribed drug (including THC) in blood or oral fluid is an offence regardless of a valid prescription. A separate, more serious impaired-driving offence exists under s64AB. Random roadside drug testing has operated since 2007. A WA medicinal cannabis and safe driving working group has been considering evidence and potential reform, but no change has passed as of the research date.
Is a valid prescription a defence to drug driving in Western Australia?
No. In Western Australia, driving with detectable THC is an offence regardless of a valid prescription. Driving while impaired is a separate, more serious offence everywhere in Australia.
What happens if I test positive at a roadside drug test in Western Australia?
You will be unable to drive for a period while your sample goes to a laboratory, and charges typically follow laboratory confirmation. See our step-by-step guide, “Tested positive in Western Australia: what happens next”, and get legal advice early.