{ "title": "The State of Drug-Driving Law in Australia 2026", "edition": "2026", "publisher": "Can I Drive?", "url": "https://www.canidrive.com.au/report/2026/", "generated": "2026-07-28", "licence": "Free to reuse with attribution and a link.", "citation": "Can I Drive? (2026). The State of Drug-Driving Law in Australia 2026. Retrieved from https://www.canidrive.com.au/report/2026/", "summary": { "jurisdictions": 8, "with_prescription_defence": [ "tas" ], "without_prescription_defence": [ "nsw", "vic", "qld", "wa", "sa", "act", "nt" ], "with_active_reform": [ "nsw", "vic", "qld", "wa", "sa", "act" ], "without_active_reform": [ "tas", "nt" ], "penalties_independently_verified": [ "nsw", "wa", "sa" ], "by_status": { "red": [ "qld", "wa", "sa", "act", "nt" ], "amber": [ "nsw", "vic" ], "green": [ "tas" ] } }, "jurisdictions": [ { "id": "nsw", "name": "New South Wales", "status": "amber", "status_label": "Strict presence offence — major reform before Parliament", "prescription_defence": false, "court_licence_discretion": false, "offence": "Presence offence — s111 Road Transport Act 2013 (NSW): driving with a prescribed illicit drug (including THC) present in oral fluid, blood or urine.", "penalties_verified": true, "penalties_notes": "As at July 2026: first-offence penalty notice $572; licence suspended 3 months by TfNSW once paid/enforced; paid penalty notice creates no criminal record. At court: fine up to $2,200 plus court-ordered disqualification; non-conviction outcomes possible. Figures re-index each financial year — re-check nsw.gov.au penalties page annually.", "active_reform": [ { "item": "Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026 — introduced by the NSW Government; registration/education/warning-letter model. Limited to unrestricted licence holders.", "status": "Before Parliament as of research date", "verified": true }, { "item": "Road Transport Amendment (Medicinal Cannabis) Bill 2025 (Greenwich, introduced November 2025) — withdrawn 14 May 2026.", "status": "Withdrawn", "verified": true }, { "item": "Road Transport Amendment (Medicinal Cannabis—Exemptions from Offences) Bill 2025 (Faehrmann) — debate adjourned after second reading in the Legislative Council.", "status": "Adjourned", "verified": true } ], "official_sources": [ "https://www.transport.nsw.gov.au/roadsafety/topics-tips/drugs/medical-cannabis", "https://www.nsw.gov.au/ministerial-releases/medicinal-cannabis-driving-reforms-introduced-to-parliament-by-minns-labor-government", "https://www.nsw.gov.au/ministerial-releases/cannabis-drivers-not-immediately-penalised", "https://legislation.nsw.gov.au (Road Transport Act 2013 s111)", "https://www.parliament.nsw.gov.au (bill tracker)" ], "last_verified": "2026-07-10" }, { "id": "vic", "name": "Victoria", "status": "amber", "status_label": "Presence offence — court discretion on licence; trial reporting 2026", "prescription_defence": false, "court_licence_discretion": true, "offence": "Presence offence under Road Safety Act 1986 s49(1)(bb)/(h)/(i); separate impairment/under-the-influence offences also apply.", "penalties_verified": false, "penalties_notes": "Offence and fine apply even where licence discretion is exercised. Pre-1 March 2025 framework involved mandatory licence loss (minimum six-month suspension reported). [VERIFY exact current amounts against Transport Victoria / legislation before publishing figures]", "active_reform": [ { "item": "Section 50(1F) licence discretion for prescribed patients — commenced 1 March 2025 via Roads and Road Safety Legislation Amendment Act 2024 (Vic).", "status": "In force", "verified": true }, { "item": "18-month closed-circuit medicinal cannabis driving trial (began September 2024) — outcome/report expected mid-2026.", "status": "Awaiting report — update this entry on publication", "verified": true } ], "official_sources": [ "https://transport.vic.gov.au/road-and-active-transport/road-rules-and-safety/alcohol-drugs-and-driving/medicinal-cannabis-and-driving", "https://www.legislation.vic.gov.au (Road Safety Act 1986 s49, s50(1F))" ], "last_verified": "2026-07-10" }, { "id": "qld", "name": "Queensland", "status": "red", "status_label": "Strict presence offence — program under review", "prescription_defence": false, "court_licence_discretion": false, "offence": "Two offences under TORUM Act 1995 s79: relevant-drug-present (saliva/blood) and driving under the influence.", "penalties_verified": false, "penalties_notes": "Relevant-drug-present (s79(2AA)): up to 14 penalty units (approx. $2,150 at 2025-26 unit value ~$154) or up to 3 months' imprisonment; court must disqualify for a minimum of 1 month for a first offence (commonly 1-9 months). Whether a work licence is available for drug driving is contested between sources — [VERIFY against TORUM s87 before publishing a position]. Under-the-influence (s79(1)) carries substantially heavier penalties.", "active_reform": [ { "item": "TMR 'Cannabis and driving in Queensland' community consultation and subsequent review handed to government; range of options tabled.", "status": "Government 'carefully considering recommendations' (TMR statement reported June 2026)", "verified": true }, { "item": "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.", "status": "Proposed amendment before Parliament — NOT law.", "verified": true }, { "item": "Parliamentary e-petition calling for a statutory medical defence for prescribed, unimpaired drivers.", "status": "Active as of research date", "verified": true } ], "official_sources": [ "https://www.qld.gov.au/transport/safety/road-safety/drink-drug-driving", "https://www.legislation.qld.gov.au" ], "last_verified": "2026-07-10" }, { "id": "wa", "name": "Western Australia", "status": "red", "status_label": "Strict presence offence — working group considering reform", "prescription_defence": false, "court_licence_discretion": false, "offence": "Presence offence — Road Traffic Act 1974 (WA) s64AC (prescribed drug in blood or oral fluid); impaired-driving offence under s64AB; refusal of assessment/blood/urine testing is a separate offence.", "penalties_verified": true, "penalties_notes": "s64AC presence (verified against consolidated Act, July 2026): first offence fine up to 25 penalty units; second or subsequent 25-40 penalty units plus disqualification of at least 6 months. s64AB impaired (practitioner-reported): first offence 34-75 penalty units + min 10 months disqualification; second 63-105 penalty units or 9 months imprisonment + min 30 months disqualification. Check current WA penalty-unit dollar value when quoting dollars.", "active_reform": [ { "item": "WA medicinal cannabis and safe driving working group considering evidence and potential reform; Legalise Cannabis WA campaigning.", "status": "No reform passed as of research date.", "verified": true } ], "official_sources": [ "https://www.legislation.wa.gov.au (Road Traffic Act 1974 s64AB, s64AC)", "https://www.wa.gov.au" ], "last_verified": "2026-07-10" }, { "id": "sa", "name": "South Australia", "status": "red", "status_label": "Strict presence offence — parliamentary committee has recommended reform", "prescription_defence": false, "court_licence_discretion": false, "offence": "Presence offence — any amount of THC detected via roadside saliva testing is an offence under the Road Traffic Act 1961 (SA); refusal of testing is a separate offence.", "penalties_verified": true, "penalties_notes": "As at 1 July 2025 (LSC SA): first presence offence expiation $875 with 3-month licence disqualification; prosecuted at court, fine $900–$1,300 with mandatory disqualification of at least 6 months. Refusal: immediate roadside loss of licence possible, disqualification of at least 12 months on conviction. Amounts re-index annually — re-check lsc.sa.gov.au.", "active_reform": [ { "item": "Joint Committee on the Legalisation of Medicinal Cannabis — interim report (tabled 25 September 2024, 13 recommendations). Recommendation 1: Minister for Infrastructure and Transport to draft Road Traffic Act amendments so it is not an offence for a prescribed patient using THC medicine per prescription to drive with THC present (Tasmanian model), with community consultation on the draft.", "status": "Committee recommendation only — no government response or bill identified.", "verified": true } ], "official_sources": [ "https://www.mylicence.sa.gov.au/road-rules/the-drivers-handbook/drugs", "https://www.legislation.sa.gov.au (Road Traffic Act 1961)" ], "last_verified": "2026-07-10" }, { "id": "tas", "name": "Tasmania", "status": "green", "status_label": "Medical defence available if not impaired", "prescription_defence": true, "court_licence_discretion": false, "offence": "Presence offence under the Road Safety (Alcohol and Drugs) Act 1970 (Tas) s6A(1); statutory defence in s6A(2) where the drug was obtained and administered in accordance with the Poisons Act 1971 — in practice: Tasmanian prescriber with s59E authorisation, Tasmanian dispensing, use as prescribed. Interstate/telehealth scripts do not attract the defence (Smith v Marshall [2024] TASMC 12). Impairment offences apply separately.", "penalties_verified": false, "penalties_notes": "[VERIFY penalties where the defence does not apply, against Tasmanian official sources]", "active_reform": [], "official_sources": [ "https://www.legislation.tas.gov.au", "https://www.transport.tas.gov.au" ], "last_verified": "2026-07-10" }, { "id": "act", "name": "Australian Capital Territory", "status": "red", "status_label": "Strict presence offence — prescription not a defence", "prescription_defence": false, "court_licence_discretion": false, "offence": "Presence offence under the Road Transport (Alcohol and Drugs) Act 1977 (ACT); prescription not a defence (per ACT Government response to e-petition 046-25).", "penalties_verified": false, "penalties_notes": "[VERIFY against ACT official sources]", "active_reform": [ { "item": "Community e-petition for drug-driving law reform for medicinal cannabis patients — government response maintained current law.", "status": "No change enacted", "verified": true } ], "official_sources": [ "https://www.legislation.act.gov.au", "https://epetitions.parliament.act.gov.au" ], "last_verified": "2026-07-10" }, { "id": "nt", "name": "Northern Territory", "status": "red", "status_label": "Strict presence offence — no reform bill identified", "prescription_defence": false, "court_licence_discretion": false, "offence": "Offence to drive with a prohibited drug in the body (police saliva/blood testing) and separate under-the-influence offence — NT Traffic Act framework; first offence may be dealt with by traffic infringement notice.", "penalties_verified": false, "penalties_notes": "[VERIFY against NT official sources]", "active_reform": [], "official_sources": [ "https://legislation.nt.gov.au", "https://nt.gov.au/driving" ], "last_verified": "2026-07-10" } ] }