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Drug driving law, a guide by Dotto · The daily listSix matters listedAs at October 2026

Drug driving law in Australia

The law on drug driving, listed plainly

Roadside testing, penalties, medicines and court, set out state by state from each government’s own pages and dated, so you can read what applies where you live.

A guide by Dotto. Not a law firm.

This site does not act for anyone, take enquiries about charges or recommend lawyers. It reads the official pages of transport and health departments, legislation sites, courts and Legal Aid in each state and territory, and sets out what they say in plain language. Where it matters, it tells you whose page to check for the current figure.

A divided highway curving towards low hills as the sun sets, with no traffic
Photo by Ch Photography on Unsplash

The daily list

Six matters, one sheet each. Every figure on them was read on the named official page in October 2026.

List of matters · Australian states and territories
No.RoomMatter
01Room 1 · TestingRoadside drug testing

How the roadside saliva test works, and which drugs each state screens for.

02Room 2 · PenaltiesDrug driving penalties by state

Fines, licence periods and gaol terms, copied from each state’s own page and dated.

03Room 3 · MedicinesMedicinal cannabis and driving

Where a prescription changes the law, where it does not, and what is changing.

04Room 3 · MedicinesPrescription medicines and driving

Everyday medicines that can affect driving, and the offences that can reach them.

05Room 4 · CourtGoing to court for a traffic offence

The paperwork, the day itself and what comes after, from the courts’ own guides.

06Room 5 · HelpGetting legal help

Legal Aid in each state, community legal centres, and questions about cost.

Two different kinds of charge

In most states, drug driving charges come in two kinds, and the difference shapes everything that follows. The first is about presence: in New South Wales, for example, it is against the law to drive with the presence of any illegal drug in your system, and the roadside saliva test is how police find it.

The second is about impairment: driving while affected by, or under the influence of, a drug. In New South Wales that charge can follow blood and urine tests ordered when police reasonably suspect a driver is under the influence, and it can involve illegal or prescription drugs. In Western Australia the same idea appears as drug impaired driving, the more serious offence, which applies to drivers so impaired by prescription or illicit drugs that they cannot properly control a vehicle.

A presence charge needs no sign that your driving was affected. Queensland’s transport department puts it simply: there is zero tolerance, and any trace of a relevant drug can be penalised.

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What changed recently

New South Wales: a medicinal cannabis scheme, passed but not yet in force

The Road Transport Legislation Amendment (Medical Cannabis and Driving Offences) Bill 2026 passed on 17 September 2026. Transport for NSW says the change has not yet come into effect and that commencement is anticipated in late 2026 or early 2027. Until then, it remains an offence to drive after taking THC, whatever its source.

Medicinal cannabis and driving, state by state

Western Australia: cocaine added to roadside tests

On 10 September 2026 the WA Government announced that WA Police had introduced roadside devices that detect cocaine, alongside THC, methylamphetamine and MDMA.

Roadside drug testing in each state

Queensland: a review, and no change for medicinal cannabis

Queensland’s Drug Driving Review recommended streamlining roadside testing, combined drink and drug driving offences and an education program for convicted drug drivers. On medicinal cannabis, it concluded that no changes should be made to the zero tolerance laws. The government says legislation will progress in 2026.

Victoria: discretion for prescribed medicinal cannabis

Since 1 March 2025, Victorian magistrates have had discretion over whether to cancel the licence of a driver with a valid medicinal cannabis prescription who was not impaired. Transport Victoria notes that this does not guarantee the licence will be kept.

About this guide

This is general information, written for people who want to understand the rules: a driver who has been stopped, a family member, a patient on a new prescription, or anyone reading ahead. It is not legal advice and it cannot assess anyone’s own matter.

For help with a charge, Legal Aid in each state and territory has a phone line, and community legal centres give mostly free advice across the country. Their numbers are on the getting legal help sheet, each copied from the organisation’s own website.