Medicinal Cannabis & Drug Driving in Victoria: 2026 Laws
Presence offence — court discretion on licence; trial results pending Last verified:
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- : Read-next internal links (first-offence, tested-positive, MDT guide, compare).
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- : Verification sweep: s50(1F) discretion confirmed, including retrospective application to matters heard from 1 March 2025 regardless of offence date.
It is an offence in Victoria to drive with any amount of THC in your system, including from prescribed medicinal cannabis, and a valid prescription is not a defence to the charge itself. However, from 1 March 2025, section 50(1F) of the Road Safety Act 1986 (inserted by the Roads and Road Safety Legislation Amendment Act 2024) gives magistrates discretion not to cancel the licence of a driver who tests positive for THC where the matter relates to a legal medicinal cannabis product used in accordance with a current prescription. The discretion applies to matters heard from 1 March 2025 even where the offence occurred earlier. The driver remains guilty of the offence and the fine stands. A closed-track driving trial (began September 2024, ~70 participants) was due to report in mid-2026; no results had been published as at 26 September 2026.
Just tested positive? What happens next in Victoria, step by step →
Medicinal cannabis and driving in Victoria: where the law stands
Victoria has taken the most significant reform step of any mainland state — but the headline is easy to misread. Driving with any detectable THC in your system remains an offence in Victoria under section 49(1)(bb), (h) and (i) of the Road Safety Act 1986, and a valid prescription is not a defence to the charge itself.
What changed on 1 March 2025 is what happens to your licence. A new section 50(1F), inserted into the Road Safety Act 1986 by the Roads and Road Safety Legislation Amendment Act 2024 (Vic), gives magistrates discretion not to cancel or disqualify the licence of a driver who tests positive for THC, where the matter relates to a legal medicinal cannabis product used in accordance with a current prescription.
Before this change, a positive THC result meant mandatory licence loss even for compliant patients taking medication exactly as prescribed.
Is medicinal cannabis legal in Victoria?
Yes — medicinal cannabis can be lawfully prescribed, possessed and used in Victoria with a valid prescription. Recreational cannabis remains illegal.
The distinction that matters for prescribed drivers is that the *legality of your medicine* does not change the driving offence: section 49 of the Road Safety Act 1986 makes driving with detectable THC an offence regardless of prescription. What Victoria changed (from 1 March 2025) is not the offence, but whether a court can spare your licence — see below.
What the court considers
When exercising the discretion, the court looks at evidence including:
- whether the driver held a valid prescription at the time of detection
- whether the driver was not impaired or under the influence of drugs
- whether the matter relates to use of a legal medicinal cannabis product in accordance with the prescription
Three critical caveats:
- You are still guilty of the offence, and the fine still stands — the discretion applies to the licence outcome only.
- Going to court does not guarantee you keep your licence. The court can still cancel and disqualify — the discretion is exactly that.
- It reaches back. The provision applies to matters heard from 1 March 2025 regardless of whether the positive test occurred before or after that date — practitioner analyses and community legal information confirm the retrospective application. If you have an older unresolved matter, raise this with a lawyer immediately.
A practical note practitioners emphasise: if your matter goes before the court, bring your medicinal cannabis prescription and dispensing records — the discretion turns on that evidence. And if your medicine is CBD-only, Transport Victoria's guidance is that you can lawfully drive as long as you're not impaired — see our CBD guide.
Existing impairment laws are untouched: driving while impaired or under the influence remains a separate, serious offence regardless of prescription.
What happens at a roadside test in Victoria
- Police take a saliva sample at random roadside drug testing.
- A roadside positive for THC is sent for laboratory confirmation.
- A confirmed positive leads to a drug-driving charge. If you hold a valid prescription and were unimpaired, the section 50(1F) discretion is the mechanism through which a court may spare your licence — which typically means having the matter heard rather than accepting an infringement outcome. This is exactly the decision point where legal advice matters most — the procedural path (infringement versus court) determines whether the discretion can even be exercised, and a lawyer will confirm the right one for your matter.
Facing your first charge? Read the step-by-step guide: Drug driving first offence in Victoria: what happens.
The closed-track trial — results still pending
Victoria is running a world-first closed-circuit driving trial, conducted by Swinburne University, assessing how prescribed medicinal cannabis affects patients' real driving performance. Results were expected mid-2026; as at late September 2026 they have not been published — the Government has faced questions in Parliament about the delay. The Government has said it will consider broader reform treating medicinal cannabis like other prescription medicines once the trial reports. This page will be updated the day the report lands — the Reform Tracker will carry it first.
Reform timeline (VIC)
- 2023 — Road Safety Amendment (Medicinal Cannabis) Bill introduced by Legalise Cannabis Victoria.
- Late 2024 — Parliament passes the Roads and Road Safety Legislation Amendment Act 2024, creating the licence discretion.
- 1 March 2025 — Section 50(1F) discretion commences, applying to matters whenever the offence occurred.
- September 2024 onward — closed-track trial runs; results expected mid-2026, still unpublished as at September 2026.
Common questions
Is it now legal to drive with prescribed THC in Victoria? No. THC presence while driving remains an offence. What changed is that a court now has discretion over whether you lose your licence, if you had a valid prescription and were not impaired.
Is medicinal cannabis legal in Victoria? Yes, with a valid prescription — but driving with detectable THC remains an offence regardless. The section 50(1F) discretion concerns the licence, not the offence itself.
Do I avoid the fine if the court exercises the discretion? No — the driver is still guilty of the offence and the fine stands; the discretion concerns the licence.
Does the discretion apply automatically? No. It is decided case-by-case on the evidence, typically requiring the matter to go before a magistrate. Outcomes are not guaranteed.
I tested positive before 1 March 2025 — does this help me? Potentially, yes. The provision applies to matters dealt with from 1 March 2025 even where the offence occurred earlier. Speak to a lawyer about your specific matter.
What are the penalties for a first drug driving offence in Victoria? On an infringement notice: 3 penalty units (about $627 at the 2026–27 value) and a 6-month licence suspension, with a mandatory behaviour change program. At court: a fine of up to 12 penalty units (about $2,509), licence cancellation of at least 6 months, the program, and a 3-year zero-BAC condition. See the first offence guide for the step-by-step process.
Read this next
- First drug driving offence in Victoria? What happens
- Tested positive in Victoria? What happens next
- How mobile drug testing (MDT) works
- Every state compared on one page
Active reform items
- Section 50(1F) licence discretion for prescribed patients — commenced 1 March 2025 via Roads and Road Safety Legislation Amendment Act 2024 (Vic). (In force)
- 18-month closed-circuit medicinal cannabis driving trial (began September 2024) — outcome/report expected mid-2026. (Results due mid-2026; not yet published as at 26 September 2026 — update on publication)
Quick answers for Victoria
Can I drive with a medicinal cannabis prescription in Victoria?
It is an offence in Victoria to drive with any amount of THC in your system, including from prescribed medicinal cannabis, and a valid prescription is not a defence to the charge itself. However, from 1 March 2025, section 50(1F) of the Road Safety Act 1986 (inserted by the Roads and Road Safety Legislation Amendment Act 2024) gives magistrates discretion not to cancel the licence of a driver who tests positive for THC where the matter relates to a legal medicinal cannabis product used in accordance with a current prescription. The discretion applies to matters heard from 1 March 2025 even where the offence occurred earlier. The driver remains guilty of the offence and the fine stands. A closed-track driving trial (began September 2024, ~70 participants) was due to report in mid-2026; no results had been published as at 26 September 2026.
Is a valid prescription a defence to drug driving in Victoria?
No — a prescription is not a defence to the offence in Victoria. However, courts have discretion over your licence where you held a valid prescription and were not impaired. The offence and fine still stand.
What happens if I test positive at a roadside drug test in Victoria?
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 Victoria: what happens next”, and get legal advice early.
What is the penalty for drug driving in Victoria?
Verified 26 September 2026 against Transport Victoria's drug-driving penalties page and Victoria Legal Aid. First offence via infringement notice: 3 penalty units (about $627 at the 2026-27 penalty-unit value of $209.10) and a 6-month licence suspension, with the behaviour change program to be completed in the first 3 months or the licence is cancelled. First offence at court: fine up to 12 penalty units (about $2,509), licence cancelled for at least 6 months, behaviour change program, 3-year zero-BAC condition, and the court may record a conviction. Impaired driving first offence: up to 12 penalty units and cancellation of at least 12 months. Refusing a test: at least 2 years' cancellation. Second presence offence: up to 60 penalty units and at least 12 months' cancellation with an intensive program; third or later: up to 120 penalty units. The offence and fine apply even where the s50(1F) licence discretion is exercised.
How long does THC stay detectable after use, and does it matter in Victoria?
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://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))
- https://transport.vic.gov.au/road-and-active-transport/road-rules-and-safety/alcohol-drugs-and-driving/drug-driving-penalties
- https://www.legalaid.vic.gov.au/drug-driving
- https://www.justice.vic.gov.au (penalties and values)
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