THC Drug-Driving Penalties in Australia: Fines & Licence Loss by State (2026)
Last verified:
What you actually risk, jurisdiction by jurisdiction
The offence is broadly the same around the country — driving with detectable THC in oral fluid or blood — but what it costs you varies a lot. This page compares first-offence outcomes for the presence offence (not the far more serious "driving under the influence"/impairment offences, which carry heavier penalties everywhere).
Two things before the table:
- "First offence" matters. Second and subsequent offences escalate sharply in every jurisdiction — longer disqualifications, bigger fines, and in some states mandatory court appearances.
- A penalty notice is not the whole story. In several states police can issue an infringement for a first offence, but electing to go to court — or being taken there — changes the range of outcomes at both ends: courts can impose more, and courts can also impose non-conviction outcomes an infringement never offers. This is a core question for a lawyer.
| Jurisdiction | Typical first-offence path | Fine (first offence) | Licence impact | Criminal record risk |
|---|---|---|---|---|
| NSW | Penalty notice for a first offence, or Court Attendance Notice | $572 penalty notice; up to $2,200 at court | 3-month suspension once the penalty notice is paid; disqualification set by the court if convicted | A paid penalty notice does not create a criminal record; a court conviction does |
| VIC | Infringement possible for a first offence | Infringement of roughly $600; more at court | Licence action of at least 6 months plus a mandatory Behaviour Change Program — but from 1 March 2025 courts have discretion for valid prescription holders who weren't impaired | Infringement: no conviction recorded; court conviction possible |
| QLD | Usually a notice to appear at court | Up to 14 penalty units (about $2,150 at the 2025–26 unit value) | Court-ordered disqualification, minimum 1 month for a first offence; whether a work licence is available for drug driving is contested — ask a lawyer | Yes, if convicted |
| SA | Expiation notice possible for a first offence | $875 expiation (from 1 July 2025); $900–$1,300 at court | 3-month disqualification with expiation; minimum 6 months if convicted at court | Expiation avoids conviction; court conviction recorded |
| WA | Fine-based for a first offence | Up to 25 penalty units (s64AC) | Fine only for a first presence offence; second or subsequent — 25–40 penalty units and disqualification of at least 6 months | Yes, if convicted |
| TAS | Charge — but the statutory defence (s6A(2)) covers lawful Tasmanian-prescribed, compliant use | Fine amounts being verified — see the Tasmania page | Disqualification if convicted and the defence fails | Yes, if convicted |
| ACT | Infringement or court | Amounts being verified (reports conflict) — see the ACT page | Automatic disqualification on conviction | Yes, if convicted |
| NT | Infringement possible for a first offence | Amounts being verified — see the NT page | An infringement path may avoid disqualification; court disqualification if convicted | Yes, if convicted |
Dollar figures are current as at July 2026, drawn from official penalty pages, the consolidated legislation and the Legal Services Commission of SA — and they re-index each financial year, so treat them as a guide and check your state page (each shows a last-verified date). Where reliable figures could not be confirmed (TAS, ACT, NT) we say so rather than guess.
The costs nobody puts in the table
- Insurance. A drug-driving conviction is exactly the kind of thing insurers ask about — premiums can rise, and non-disclosure can void cover. See our guide: insurance and drug-driving.
- Employment. Jobs that require driving, security clearances, or professional registration can all be affected by a conviction. Timing of disclosure matters — get advice.
- Interstate recognition. Disqualifications follow you. Being disqualified in one state is effectively being disqualified everywhere, and interstate offences can affect your home licence. See our interstate driving guide.
- The "work licence" question. Some jurisdictions offer restricted or work licences after disqualification; others don't, or exclude drug-driving. This alone can decide whether a conviction costs you your job — ask a lawyer about your state before your court date. See our losing-your-licence guide.
If you're comparing this table because you've been charged
Read the guide for your state (start with tested positive: what happens next), gather your prescription and dispensing records now, and get legal advice before your first court date — early advice widens options like non-conviction outcomes that disappear once a matter is finalised.