Medicinal Cannabis Compassionate Use Scheme - Fact sheet for NSW medical practitioners

This factsheet explains the Medicinal Cannabis Compassionate Use Scheme, including eligibility requirements, the role of medical practitioners, registration processes, and guidance for patients, carers and NSW Police.

Last updated: 05 October 2026
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​The Medicinal Cannabis Compassionate Use Sch​​eme

The NSW Government established the Medicinal Cannabis Compassionate Use Scheme to extend compassion to adults with a terminal illness.

The Scheme provides guidelines for NSW Police officers about using their discretion not to charge adults with a terminal illness for possession of cannabis not lawfully prescribed if they are registered with the Scheme, as well as up to three registered carers.

Eligib​​ility

NSW residents who are aged 18 years or older who have a terminal illness are eligible to be registered with the Scheme.

Under the Medicinal Cannabis Compassionate Use Scheme, a terminal illness is defined as:

'an illness which, in reasonable medical judgement will, in the normal course, without the application of extraordinary measures or of treatment unacceptable to the patient, result in the death of the patient'.

The rol​​e of the patient

The patient can download the registration form and complete Part A. The patient will then ask their practitioner to complete Part B.

The patient will send the completed registration form​ to the NSW Department of Justice by email or registered post. Once the application is processed, the patient will receive copies of their original documentation with registration numbers for themselves and any nominated carers.

Registration will last for 24 months, after which point the patient can re-register by making a new application.

Registered adults and carers must produce their documentation to NSW Police on request.

The Scheme is administered by the Department of Justice. By registering, patients agree that the Department of Justice can use and disclose information provided in Part A and Part B to check eligibility and for future reviews of the Scheme.

The role of​​​ the medical practitioner

A general practitioner or treating specialist who is registered in Australia and involved in their patient's ongoing care must certify that the patient has a terminal illness as defined by the Scheme.

When completing Part B of the registration form, the medical practitioner must provide patient details, the length and nature of their therapeutic relationship with the patient and the evidence relied upon for certification. As with any certification, false claims may have criminal and professional consequences.

Medical practitioners are not being asked to endorse the use of cannabis and are only certifying that the patient has a terminal illness as defined under the Scheme.

Cannabis u​​se

Unregulated cannabis use is illegal and potentially harmful. Adults with a terminal illness who choose to use cannabis do so at their own risk. Medical practitioners may wish to discuss the health impacts of cannabis with their patients and are encouraged to use the opportunity to collaboratively review the patient's care plan.

There are legal pathways for a medical practitioner to prescribe a cannabis medicine for their patient, if the practitioner believes it is an appropriate treatment option.

Police discr​​etion

Police may exercise their discretion not to charge adults with a terminal illness if:

  • the adult is registered as a participant with the Scheme
  • the adult possesses no more than the specified maximum amount of cannabis that is not lawfully prescribed (outlined in the table on right)
  • the use of cannabis that is not lawfully prescribed by the terminally ill person is at their usual place of residence or any domestic residence.

Police may exercise their discretion not to charge carers of adults with a terminal illness if:

  • the person is registered as a carer with the Scheme
  • the carer possesses no more than the specified maximum amount of cannabis that is not lawfully prescribed (outlined in the table on right)
  • the administration/supply by the carer of cannabis that is not lawfully prescribed is to a registered adult at their usual place of residence, or any domestic residence.

How much​ cannabis (not lawfully prescribed) is permitted under the Scheme?

Cannabis formSpecified maximum amount
Cannabis leaf
15 grams
Cannabis oil1 gram
Cannabis resin2.5 grams

Activities not covered by the Scheme inc​​​lude

  • supplying cannabis or cannabis products (not lawfully prescribed) to a person who is not registered under the Scheme
  • cultivating cannabis
  • using cannabis that is not lawfully prescribed in public
  • possessing cannabis that is not lawfully prescribed over the specified maximum amount
  • driving while using cannabis.

It is an offence under the Road Transport Act 2013 (NSW) to drive if the delta-9-tetrahydrocannabinol component of cannabis is present in a person's saliva, blood or urine.

Current as at: Monday 5 October 2026