Queensland passes tougher drug-driving penalties as NSW prepares medicinal cannabis scheme

Two states pass different drug-driving reforms

Queensland Parliament has passed tougher penalties for drug-driving and combined drink-and-drug-driving offences, with the main changes due to take effect on 1 December 2026. NSW Parliament has also passed reforms, but in a different direction: its planned registration scheme would prevent eligible medicinal cannabis patients from being automatically penalised solely because THC is detected, provided they meet its conditions and are not impaired. CarExpert reported on 21 September that the NSW bill was still awaiting assent and would commence on a date set by proclamation; the existing rules continued to apply. ³¹⁵²

The distinction concerns detection as well as penalties. CarExpert reports that Queensland retains a presence-based offence: police do not have to establish that a driver was impaired to pursue an offence involving a relevant drug. That approach also applies when cannabis has been legally prescribed. ¹³

Queensland fines and licence disqualifications

For driving with a relevant drug present in blood or saliva, CarExpert reports that Queensland’s maximum penalty will rise from 14 to 28 penalty units. Using the penalty-unit value of $172.70 cited by the publication, the new maximum is about $4836. CarExpert also reports a new minimum court-imposed fine of 7.5 penalty units, or about $1295 at that value, while the offence’s maximum three-month prison term remains unchanged. ¹

CarExpert reports that the minimum licence disqualification for a first offence involving a relevant drug will increase from one month to two months; other licence holders and repeat offenders can face longer periods. The ABC reports that, under the previous arrangements, Queensland had no minimum court-imposed fines for drink- or drug-driving offences. The new laws introduce minimum fines for those offences. ¹³

Queensland roadside saliva tests screen for methylamphetamine, MDMA, cocaine and tetrahydrocannabinol (THC), according to CarExpert. The legislation also creates a specific offence for having a relevant drug present while exceeding the applicable blood-alcohol limit. CarExpert reports a maximum of 33 penalty units, currently about $5699, and licence disqualification periods one month longer than for the corresponding drink- or drug-driving offence. The ABC reports a minimum three-month licence disqualification for the combined offence. ¹³

Who would qualify in NSW

The NSW Government says the planned scheme requires an unrestricted NSW licence, registration with Transport for NSW, evidence of a valid medicinal cannabis prescription and completion of an online cannabis-and-driving safety program. Learner and provisional licence holders and commercial drivers will not qualify. CarExpert reports that registration will remain valid until two months after a prescription expires and can be extended by providing evidence of a new prescription. ⁵²

The NSW Government expects the registry and mandatory education module to launch in late 2026 or early 2027. Transport for NSW is developing the module, and the government says the new system will be reviewed after one year. That expected launch window is not a commencement date. ⁵

Roadside tests and laboratory limits

The NSW Government says police roadside drug-testing procedures will not change. A registered patient with a positive roadside result will still be barred from driving for 24 hours while the sample is sent for laboratory testing. Under the planned scheme, a laboratory result below the applicable THC limit will attract no further action if the other conditions are met. CarExpert reports that the legislation sets separate limits of 50 nanograms per millilitre (ng/mL) for oral fluid and 3.5ng/mL for blood. ⁵²

For a registered driver whose laboratory result is at or above the threshold, the NSW Government says a first or second detection within two years will result in a warning. A third detection within that period will bring a $722 fine and a minimum three-month licence suspension. Registered patients cannot have alcohol or other drugs in their system. Drivers showing signs of impairment can still face serious driving-under-the-influence charges, and registered patients remain subject to blood and urine testing after serious crashes. ⁵

Medicinal cannabis concerns and wider Queensland changes

The ABC reports that the Alcohol and Drug Foundation raised concerns about Queensland patients taking prescribed medicinal cannabis, including that THC could remain detectable in saliva after use. During parliamentary debate, Transport Minister Brent Mickelberg acknowledged those concerns and said a state drug-driving review had found no scientifically reliable THC threshold or roadside impairment test that distinguishes impaired from unimpaired drivers. In the ABC’s earlier coverage, Australian Medical Association Queensland supported retaining the driving ban for medicinal cannabis patients, while also arguing that punitive measures alone would not address substance-use problems. ³⁴

The drug-driving provisions are part of broader Queensland road-law changes. The ABC reports that the legislation includes an immediate six-month licence-suspension framework for drivers detected travelling more than 40km/h above the speed limit and raises the maximum imprisonment term for motor vehicle offences resulting in death or grievous bodily harm from 16 to 25 years. CarExpert reports that further reforms scheduled for 2027 are intended to expand roadside drug testing and introduce mandatory drug-driving education for repeat offenders. ³¹