Tested Positive at a Roadside Drug Test in Victoria? What Happens Next
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First: breathe. Victoria is one of the two states where your prescription can genuinely matter.
Testing positive when you've done nothing but take prescribed medication is frightening. Here's the Victorian sequence, step by step — and the part most patients don't know: since 1 March 2025, a Victorian court can decide not to cancel your licence if you were a lawful, unimpaired prescription holder.
1. The roadside process. A positive first saliva screen leads to a second oral fluid test on more sensitive equipment. A confirmed positive means you cannot drive for a period — arrange transport, don't move the car.
2. Laboratory confirmation. Your sample goes to a laboratory; the roadside result is only indicative. Charges typically follow lab confirmation, which takes time.
3. The charge. Driving with THC present is an offence under section 49(1)(bb) of the Road Safety Act 1986, regardless of prescription. You'll receive paperwork — an infringement notice may be possible for a first offence, or a charge and summons.
4. Court — where the discretion lives. Under section 50(1F), a magistrate may decline to cancel your licence if you held a valid prescription at the time, the product was legal and used in accordance with the prescription, and you weren't impaired. The offence and fine still stand — the discretion is about your licence only, and it is not guaranteed.
What to do this week
- Gather the discretion evidence now. The court discretion turns on documents: your prescription (valid at the date of detection), dispensing records showing the product, and anything showing use as directed. This paperwork is the difference between keeping and losing your licence.
- Write down everything: time of the stop, what was said, last dose time and amount, product name.
- See your prescriber — tell them what happened, and ask them to note dose and timing guidance in your record.
- Get legal advice before deciding anything. Whether to pay an infringement or take the matter to court where the discretion can be exercised is exactly the kind of decision that should not be made alone. An infringement path may never put you in front of the magistrate who holds the discretion.
What NOT to do
- Don't pay an infringement notice reflexively before getting advice — it may close doors.
- Don't assume the discretion is automatic. It's discretionary, and preparation matters.
- Don't keep driving as if nothing happened before you understand your licence status.
- Don't post about the matter online while it's live.
The bigger Victorian picture
Victoria's closed-track trial of medicinal cannabis patients' driving is due to report in mid-2026, and the Government has said it will consider treating medicinal cannabis like other prescription medicines. That may change what happens to the next patient — it does not change your current matter. Follow developments on our Reform Tracker.