JURISDICTION: ACT

Drug Driving in the ACT

In shortIn the ACT it is an offence to drive with any amount of THC, methylamphetamine, MDMA or cocaine in your oral fluid or blood. You do not have to be affected. A first offence carries up to 25 penalty units and an automatic 6-month disqualification. A Bill before the Legislative Assembly would add a defence for lawfully used medicinal cannabis.

  • Presence offence: s 20 is strict liability; any detectable amount of a prescribed drug is enough.
  • Four drugs: THC, methylamphetamine, MDMA and cocaine are prescribed (Regulation s 5A).
  • Disqualification: 6 months for a first offender (court can reduce to 3), 12 months for a repeat offender (minimum 6).

Australian Capital Territory law · law checked 21 Oct 2026

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What's on this page

Law change note: medicinal cannabis Bill

Law change note (dated 21 October 2026): A Bill to change these laws is before the ACT Legislative Assembly as at 21 October 2026; this page will be updated if it passes. The Road Transport (Alcohol and Drugs) Amendment Bill 2026 was presented on 12 June 2026. It would give a defence to the drug driving presence offences where THC was the only prescribed drug detected and it was lawfully used (for example, prescribed medicinal cannabis). A Legislative Assembly committee is inquiring into it and is due to report by 6 November 2026. Until a change is passed and starts, the law on this page applies.

The offence: a prescribed drug in oral fluid or blood

Section 20 of the Road Transport (Alcohol and Drugs) Act 1977 makes it an offence to drive, or act as a driver trainer, on a road or road related area with a prescribed drug in your oral fluid or blood within the relevant period. It is a strict liability offence (s 20(2)). The prosecution does not have to prove impairment or how much drug was present.

The prescribed drugs are (Road Transport (Alcohol and Drugs) Regulation 2000 s 5A):

  • delta-9-tetrahydrocannabinol (THC, the active part of cannabis);
  • methylamphetamine;
  • MDMA (N, α-dimethyl-3,4-(methylenedioxy)phenylethylamine);
  • cocaine.

You cannot rely on a mistaken belief about which drug it was if you thought it was a controlled drug, or a mistake about the effect of a cannabis food product on THC levels (s 20(3)–(4)).

How drug testing works

Police can require a drug screening test at the roadside (ss 13A–13C). If the device indicates a prescribed drug, police can detain you for an oral fluid analysis (s 13D) and a sample is sent for confirmatory laboratory analysis (s 13G). The charge relies on the confirmatory analysis of the oral fluid or a blood analysis (s 20(5)). If you have been required to undergo a drug test and police reasonably suspect your ability to drive safely is impaired by a prescribed drug, they can give you a signed written direction not to drive for a stated period of no more than 12 hours (s 47B). Failing to comply is a strict liability offence (maximum 10 penalty units), and the chief police officer can revoke the direction on request if satisfied you are no longer impaired.

Penalties and disqualification

First offender Repeat offender
Maximum penalty (s 20) 25 penalty units ($4,000) 50 penalty units ($8,000), 6 months' jail or both (driver trainer: 50 penalty units)
Automatic disqualification 6 months, or a shorter period the court orders of at least 3 months (s 29) 12 months, or a shorter period the court orders of at least 6 months (s 30)

One penalty unit is $160 for an individual (Legislation Act 2001 s 133). A presence offence is also an immediate suspension offence, so police must give you an immediate suspension notice unless you were a driver trainer (Road Transport (General) Act 1999 ss 61A, 61B). The notice usually lasts up to 90 days, and the time is credited against the later disqualification (s 35).

A first offender disqualified under s 29 can apply for a restricted licence after the minimum period of disqualification (Road Transport (General) Act 1999 s 67A(4)–(5)). A drug awareness course is usually needed before a restricted or probationary licence issues (Driver Licensing Regulation ss 73L–73O).

Alcohol and a drug together

Section 21 covers having both the prescribed concentration of alcohol and a prescribed drug. The maximum penalty follows the alcohol level and is higher than for alcohol alone: a first offender at level 2 faces up to 50 penalty units ($8,000), and at level 4 up to 100 penalty units ($16,000), 12 months' jail or both. Disqualification follows Tables 31 and 32 (ss 31–32), for example 6 months minimum and 12 months default for a first offender at levels 1 and 2. A conviction under s 21 also brings a mandatory interlock condition (Driver Licensing Regulation s 73T). If the court is not satisfied of the combined offence, it can find you guilty of the alcohol or drug offence alone (s 21C).

Driving under the influence of a drug

Driving while under the influence of a drug to the extent that you cannot properly control the vehicle is a separate, more serious offence (s 24). Any drug can be involved, not just the four prescribed drugs. The maximum is 100 penalty units ($16,000), 12 months' jail or both for a first offender, with automatic disqualification for 2 years (the court can reduce to 12 months) (s 33).

Refusing an oral fluid sample

Refusing to provide an oral fluid sample, or failing to provide one in line with directions, carries up to 100 penalty units ($16,000), 12 months' jail or both for a first offender (s 22A), and 2 years' automatic disqualification that the court can reduce to 6 months (s 34A). A medical reason or another reasonable excuse is a defence to failing to follow directions.

Medicinal cannabis

Under the law as at 21 October 2026, a prescription does not stop the s 20 offence applying if THC is detected. The 2026 Bill described in the note at the top of this page would change that for lawfully used THC if it passes. If you hold a prescription, keep a copy and tell us when you call.

How Boorman Lawyers can assist

We represent clients at courts throughout Queensland, New South Wales and the ACT. For drug driving we appear at sentence hearings in the ACT Magistrates Court, and adjournments may be handled by an agent colleague. We can look at how the test was done, whether the drug detected is a prescribed drug, the disqualification range that applies, and when a restricted licence is open. We cannot promise any result. ACT enquiries: call 1300 941 900 or make an enquiry about legal representation and mention that your matter is in the ACT. Also see drink driving in the ACT and restricted licences.

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FAQs: drug driving in the ACT

Do police have to show I was affected?

Not for s 20. The presence of a prescribed drug is enough. Impairment matters for the separate under the influence offence in s 24.

Is a positive roadside test enough to convict me?

The charge relies on the confirmatory analysis of your oral fluid sample or a blood analysis, not the screening device alone (s 20(5)).

How long will I lose my licence for a first offence?

6 months, unless the court orders a shorter period of at least 3 months (s 29).

Can I get a restricted licence for drug driving?

A first offender can apply once the minimum disqualification period has passed, and must show exceptional circumstances. Repeat offenders cannot.

Has the medicinal cannabis Bill passed?

Not as at 21 October 2026. Check the Legislative Assembly's inquiry page linked in the note above for its current stage.

Sources and date checked

The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.

This page is general information about Australian Capital Territory law only. It is not legal advice. Every matter turns on its own facts.

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