Medicinal Cannabis & Drug Driving in Queensland: 2026 Laws
Strict presence offence — penalties double 1 December 2026 Last verified:
Page updates
- : National Partner priority: secondary card slot added (NP takes the primary card on every card page; the state firm keeps its sold placement directly below).
- : Added a drug-driving penalties section; the 1 December 2026 doubling verified against the amending Act and the Government's statement.
- : Verification sweep: legal position checked against legislation, official guidance and practitioner sources; figures current as at July 2026.
Queensland penalises driving with detectable THC regardless of prescription, under two separate offences in the Transport Operations (Road Use Management) Act 1995 s79: (1) driving with a relevant drug present in saliva or blood, and (2) the more serious offence of driving under the influence, charged where a driver appears adversely affected. From 1 December 2026 the presence-offence penalties double — maximum fine to 28 penalty units (about $4,836), minimum disqualification to at least 2 months for a first offence — under the Transport and Other Legislation Amendment Act 2026, passed 17 September 2026. A review examining drug-driving laws and medicinal cannabis has been handed to the government, which confirmed in June 2026 it is 'carefully considering recommendations' — but no patient defence has passed as of the research date.
Just tested positive? What happens next in Queensland, step by step →
Medicinal cannabis and driving in Queensland: where the law stands
Queensland remains a strict presence-offence state, and it is getting stricter. There are two separate drug-driving offences in section 79 of the Transport Operations (Road Use Management) Act 1995 (the TORUM Act):
- Driving with a relevant drug present (s 79(2AA)) in your saliva or blood — THC is a relevant drug, and this offence applies regardless of whether the THC came from prescribed medicinal cannabis.
- Driving under the influence (s 79(1)) — the more serious offence, charged where a driver appears adversely affected by any drug, including prescription medication.
A valid prescription is currently no defence to the presence offence — and when Parliament doubled the penalties in September 2026, it kept that position.
Drug driving penalties in Queensland
As at September 2026, the presence offence (s 79(2AA)) carries:
- a maximum fine of 14 penalty units — about $2,418 at the 2026–27 penalty-unit value of $172.70
- licence disqualification of at least 1 month for a first offence (commonly 1–9 months), imposed by the court
- a maximum of 3 months' imprisonment.
From 1 December 2026 these penalties double. The Transport and Other Legislation Amendment Act 2026, passed by Parliament on 17 September 2026:
- doubles the maximum fine for driving with a relevant drug present from 14 to 28 penalty units — about $4,836 at the current unit value
- introduces a minimum court-imposed fine of 7.5 penalty units (about $1,295) for the offence
- increases the minimum licence disqualification for a first presence offence from 1 month to at least 2 months
- creates a new combined drink- and drug-driving offence (a relevant drug present while over the blood-alcohol limit) with a maximum of 33 penalty units — about $5,699
- keeps the maximum 3-month prison term for the presence offence unchanged, and lifts the repeat-offender provision (s 79(2F)) to 30 penalty units so reoffenders still face more.
Whether a work (restricted) licence is available for drug-driving offences is contested between sources — treat it as a question for a lawyer, not a plan. The penalty-unit value is indexed each financial year; dollar figures above use the value from 1 July 2026 ($172.70).
Medicinal cannabis patients: zero tolerance stays
When Parliament passed the doubled penalties, the Transport Minister acknowledged the concerns of medicinal cannabis patients in debate, but said the state's Drug Driving Review found no scientifically reliable THC concentration or roadside impairment test that could reliably distinguish impaired and unimpaired motorists. The Alcohol and Drug Foundation raised concerns during consultation that presence offences affect patients who take their medicine exactly as prescribed.
The contrast with NSW is stark: the same week Queensland doubled its drug-driving penalties, NSW passed a registration scheme so prescribed patients are not automatically penalised. Queensland has proposed no equivalent — a defence amendment (s 79(2AB)) has been floated in Parliament but has not passed.
Reform status: review delivered, government deciding
Queensland is genuinely in motion on patient protections, but nothing has changed yet:
- The Department of Transport and Main Roads ran a community consultation on cannabis and driving, and a review examining how drug-driving laws interact with medicinal cannabis has been handed to the government, with a range of options understood to have been tabled.
- In mid-2026, a TMR spokesperson confirmed: "The Queensland Government is carefully considering recommendations following a review into the current legislation."
- An amendment has been proposed to insert a new s 79(2AB) into the TORUM Act, which would create a defence where the THC was legally obtained and administered in accordance with a prescription and the driver was not under the influence. This is a proposed amendment, not law.
- An active parliamentary e-petition calls for a statutory medical defence for prescribed, unimpaired drivers.
Don't mistake a review for reform. Until a defence passes and commences, the presence offence applies in full — at the doubled penalties from 1 December 2026.
What happens at a roadside test in Queensland
- Police take a saliva sample; a positive triggers laboratory confirmation.
- A confirmed positive for a relevant drug leads to a charge under the presence offence — as at September 2026, up to 14 penalty units (about $2,418) and court-ordered disqualification of at least one month for a first offence; both the maximum fine and the minimum disqualification increase from 1 December 2026 (see the penalties section above).
- If police form the view you were adversely affected, the more serious under-the-influence offence may be charged instead.
Just tested positive? Read Tested positive for THC in Queensland? What happens next — and get legal advice early.
Reform timeline (QLD)
- TMR "Cannabis and driving in Queensland" community consultation conducted.
- Review with recommendations handed to government.
- Proposed TORUM s 79(2AB) medical-defence amendment tabled.
- June 2026 — Government confirms it is "carefully considering recommendations."
- 17 September 2026 — Parliament passes the Transport and Other Legislation Amendment Act 2026: doubled drug-driving penalties and longer minimum disqualifications from 1 December 2026. The medical-defence review continues separately.
- 1 December 2026 — doubled drug-driving penalties commence.
- 2027 — streamlined roadside drug testing and a mandatory drug-driving education program for repeat offenders roll out.
Common questions
Does my prescription protect me from a drug-driving charge in Queensland?
No. Queensland's presence offence applies to detectable THC regardless of prescription. Reform is under active consideration but has not passed — and the September 2026 penalty laws did not change that.
What is the fine for drug driving in Queensland?
As at September 2026, up to 14 penalty units (about $2,418) for the presence offence, with at least one month's disqualification for a first offence. From 1 December 2026 the maximum doubles to 28 penalty units (about $4,836) with a minimum court fine of 7.5 units (about $1,295) and at least two months off the road.
Is Queensland about to change the law for patients?
The government has a review in front of it and says it is carefully considering the recommendations, and a defence amendment has been proposed in Parliament — but as at the last-verified date, no patient defence has commenced. Watch this page and the Reform Tracker.
What's the difference between the two offences?
Presence: THC detected in saliva or blood — no impairment needed. Under the influence: driving while adversely affected by a drug — more serious, and applies to any medication.
Active reform items
- TMR 'Cannabis and driving in Queensland' community consultation and subsequent review handed to government; range of options tabled. (Government 'carefully considering recommendations' (TMR statement reported June 2026))
- Proposed amendment inserting s79(2AB) into the TORUM Act — a defence where THC was legally obtained and administered per prescription and the driver was not under the influence. (Proposed amendment before Parliament — NOT law.)
- Parliamentary e-petition calling for a statutory medical defence for prescribed, unimpaired drivers. (Active as of research date)
- Transport and Other Legislation Amendment Act 2026 — doubles presence-offence fines and minimum licence disqualification from 1 December 2026; zero tolerance for prescribed THC retained, with a drug-driving education program for repeat offenders and streamlined testing to follow in 2027. (Passed Parliament 17 September 2026; penalties commence 1 December 2026)
Quick answers for Queensland
Can I drive with a medicinal cannabis prescription in Queensland?
Queensland penalises driving with detectable THC regardless of prescription, under two separate offences in the Transport Operations (Road Use Management) Act 1995 s79: (1) driving with a relevant drug present in saliva or blood, and (2) the more serious offence of driving under the influence, charged where a driver appears adversely affected. From 1 December 2026 the presence-offence penalties double — maximum fine to 28 penalty units (about $4,836), minimum disqualification to at least 2 months for a first offence — under the Transport and Other Legislation Amendment Act 2026, passed 17 September 2026. A review examining drug-driving laws and medicinal cannabis has been handed to the government, which confirmed in June 2026 it is 'carefully considering recommendations' — but no patient defence has passed as of the research date.
Is a valid prescription a defence to drug driving in Queensland?
No. In Queensland, 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 Queensland?
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 Queensland: what happens next”, and get legal advice early.
What is the penalty for drug driving in Queensland?
Verified 26 September 2026 against the Queensland Government's statement (17 September 2026) and the Transport and Other Legislation Amendment Act 2026 explanatory note. As at September 2026: relevant-drug-present (s79(2AA)) carries up to 14 penalty units (about $2,418 at the 2026-27 penalty-unit value of $172.70) or up to 3 months' imprisonment, and the court must disqualify for at least 1 month for a first offence (commonly 1-9 months). From 1 December 2026: the maximum doubles to 28 penalty units (about $4,836), a new minimum court-imposed fine of 7.5 penalty units (about $1,295) applies, and the minimum disqualification for a first offence increases to at least 2 months. A new combined drink- and drug-driving offence carries a maximum of 33 penalty units (about $5,699); the repeat-offender provision (s79(2F)) rises to 30 penalty units; the maximum 3-month prison term for the presence offence is unchanged. Whether a work licence is available for drug driving is contested between sources — treat it as a question for a lawyer, not a plan. Under-the-influence (s79(1)) carries substantially heavier penalties.
How long does THC stay detectable after use, and does it matter in Queensland?
Detection windows depend on how often and how much you use, and on the test used. Our guide “How long does THC stay detectable” explains the windows for oral fluid, blood and urine. What matters for a charge is whether THC is present at the time of driving, not when you last used.
Primary sources for this page
- https://www.qld.gov.au/transport/safety/road-safety/drink-drug-driving
- https://www.legislation.qld.gov.au
- https://statements.qld.gov.au/statements/106068
- https://www.legislation.qld.gov.au (Transport and Other Legislation Amendment Bill 2026 — explanatory note)
- https://www.qld.gov.au/laws/about-your-rights-and-responsibilities/penalty-unit-costs
Talk to a lawyer in Queensland
See the Queensland lawyer directory →