Medicinal Cannabis & Driving in Queensland: Current Law & Reform Status (2026)
Strict presence offence — program under review Last verified:
Page updates
- : 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. 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 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. There are two separate drug-driving offences:
- Driving with a relevant drug present in 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 — 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.
Reform status: review delivered, government deciding
Queensland is genuinely in motion, 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 subsection 2AB into section 79 of 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.
Advocates' own warning applies here: don't mistake a review for reform. Until legislation passes and commences, the strict presence offence applies in full.
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 — up to 14 penalty units (about $2,150 at the 2025–26 unit value) and court-ordered disqualification for a minimum of one month for a first offence.
- If police form the view you were adversely affected, the more serious under-the-influence offence may be charged instead.
Reform timeline (QLD)
- TMR "Cannabis and driving in Queensland" community consultation conducted.
- Review with recommendations handed to government.
- Proposed TORUM s79(2AB) medical-defence amendment tabled.
- June 2026 — Government confirms it is "carefully considering recommendations."
- E-petition for a statutory medical defence active.
FAQ (render with FAQPage schema)
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.
Is Queensland about to change the law? 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 of the last-verified date, no change has commenced. Watch this page.
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)
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. 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 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.
Primary sources for this page
- https://www.qld.gov.au/transport/safety/road-safety/drink-drug-driving
- https://www.legislation.qld.gov.au