QUEENSLAND

Drug Driving Offences and Penalties QLD

In shortQueensland has two main drug driving offences. Driving under the influence of a drug (s 79(1)) needs proof of impairment and carries up to 40 penalty units or 9 months' jail. Driving with a relevant drug present (s 79(2AA)) needs only a positive test and carries up to 14 penalty units or 3 months' jail, rising from 1 December 2026.

Under the influence of a drug: up to 40 penalty units ($6,908) or 9 months' jail and an automatic 6-month disqualification for a first offence (TORUM ss 79(1), 86(1)).
Relevant drug present: up to 14 penalty units ($2,417.80) or 3 months' jail for a first offence; disqualification 1 to 9 months on an open licence, 3 to 9 months for learner, P-plate and some other drivers (s 86(2)(e), (f)).
From 1 December 2026: the s 79(2AA) maximum rises to 28 penalty units, a minimum fine applies, and the first-offence open-licence range becomes 2 to 9 months.

Queensland law · law checked 21 Oct 2026

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What's on this page

The two main drug driving offences in Queensland

Drug driving in Queensland is dealt with in section 79 of the Transport Operations (Road Use Management) Act 1995 (TORUM), alongside drink driving. There are two main offences, and they are very different:

	Under the influence of a drug	Relevant drug present
Section	s 79(1)	s 79(2AA)
What police must prove	You were driving or in charge while under the influence of a drug, meaning your control of the vehicle was affected	A relevant drug was present in your blood or saliva, with no need to prove impairment
Typical evidence	Driving behaviour, appearance, speech, coordination, admissions, medical evidence and blood tests	Roadside saliva test confirmed by laboratory analysis or a saliva analysing instrument
Seriousness	Treated like high range drink driving	Treated like low range drink driving

A further offence of driving with both a relevant drug present and alcohol over the limit, s 79(2AB), is due to start on 1 December 2026.

Queensland penalty changes in 2026: check your offence date (law checked 20 Oct 2026).

Offences on or after 31 August 2026: higher maximum fines apply. They are 20 penalty units ($3,454) for the general alcohol limit and no alcohol limit offences, 28 ($4,835.60) for the middle alcohol limit and 40 ($6,908) for driving under the influence of liquor or a drug. A first general alcohol limit conviction (0.05 to under 0.10) on an open licence now carries 2 to 9 months' disqualification. For offences before 31 August 2026 it was 1 to 9 months. Police can now give an eligible first low-range driver on an open Queensland licence an infringement notice of $1,295 instead of a court charge. Unless the driver elects to go to court, a 2-month disqualification follows. It counts as a conviction, and there is no work licence for that period. Drug driving (a relevant drug present) has not changed yet. The maximum is 14 penalty units ($2,417.80) or 3 months, with 1 to 9 months' disqualification on an open licence and 3 to 9 months for learner, P-plate and unlicensed drivers.

Offences on or after 1 December 2026: minimum fines start for drink and drug driving. For example, the minimum is 7.5 penalty units for low range and for drug driving. The drug driving maximum rises to 28 penalty units, and a first offence on an open licence carries 2 to 9 months' disqualification. A new offence of driving with a relevant drug present while over an alcohol limit adds 1 month to the disqualification range.

An offence committed before a change is generally dealt with under the penalties in force when it happened. Sources: TORUM ss 78E, 79, 79B, 79H–79J and 86, as amended by the Queensland Community Safety Act 2024 and the Transport and Other Legislation Amendment Act 2026. Penalty unit $172.70 from 1 July 2026.

Offence 1: driving under the influence of a drug

This is the more serious offence. Police must prove that a drug, which can be an illicit drug or a prescription or over-the-counter medicine, affected you to the point that you were under its influence. It is not enough that the drug was in your system. Evidence often includes erratic driving, slurred speech, poor coordination, statements and the opinion of a doctor who examined you, together with a blood test.

Penalties for driving under the influence of a drug

Offence	Maximum penalty	Licence disqualification
1st	40 penalty units ($6,908) or 9 months' jail (s 79(1))	Automatic 6 months from conviction; the court can order longer (ss 86(1), 86(5))
2nd within 5 years (previous UIL or similar)	72 penalty units ($12,434.40) or 18 months' jail (s 79(1A))	Automatic 1 year (s 86(1A))
3rd or later within 5 years	72 penalty units or 18 months' jail, and the court must impose imprisonment as the whole or part of the punishment (s 79(1C))	Automatic 2 years (s 86(1B))

Longer or absolute disqualification. Section 86(5) lets the court disqualify you for longer than the automatic period, or absolutely, even for a first offence. That is reserved for serious cases.

Other consequences. An under the influence charge brings an immediate licence suspension until the charge is decided (s 79B). A conviction rules out a work licence (s 87(5)(da)).

Offence 2: driving with a relevant drug present

This is far more common. You commit it if a relevant drug is present in your blood or saliva while you drive, attempt to drive or are in charge of a vehicle, even if you were not affected at all. The relevant drugs are those prescribed by regulation and are drugs such as cannabis (THC), methylamphetamine and MDMA. Cannabis can be detected for some time after use, so people are often surprised by a positive result days later.

Police usually start with a roadside saliva test. A positive result leads to a second test and a laboratory analysis or saliva analysing instrument. The result, if within 3 hours of driving, is conclusive evidence unless you prove it was not a correct result (s 80(16FA), (16G)), and you must give 14 days' written notice to challenge it (s 80(26)).

Penalties for driving with a relevant drug present

Offence	Maximum penalty	Licence disqualification
1st, open licence	14 penalty units ($2,417.80) or 3 months' jail (s 79(2AA))	1 to 9 months (s 86(2)(f))
1st, learner, P-plate, probationary, restricted or unlicensed driver, or on a s 79E order	14 penalty units or 3 months' jail	3 to 9 months (s 86(2)(e))
2nd within 5 years	28 penalty units ($4,835.60) or 6 months' jail (s 79(2F))	3 to 18 months (s 86(2B))
3rd or later within 5 years	36 penalty units ($6,217.20) or 9 months' jail (s 79(2G))	Automatic 6 months, which the court can lengthen (ss 86(2D), 86(5))

Changes from 1 December 2026

For offences committed on or after 1 December 2026, a first s 79(2AA) offence will carry a maximum of 28 penalty units or 3 months, with a minimum fine of 7.5 penalty units where only a fine and disqualification are imposed. The first-offence open-licence disqualification will become 2 to 9 months. Offences committed before that date stay under the current penalties.

Prescription medicine and medicinal cannabis

Prescribed medicine and the under the influence offence. Being prescribed a medicine is not a defence if it affected your driving. Follow the warnings on the label and your doctor's advice.
Medicinal cannabis. THC is a relevant drug. Queensland law currently has no exemption for people with a medicinal cannabis prescription, so a positive THC test can found a s 79(2AA) charge even if the use was lawful.

Can I keep driving?

For a first relevant drug present offence on an open licence, you may be eligible for a work licence under s 87 if you apply before sentence and meet the strict tests. See DUI restricted work licence.
Learner, P-plate and probationary drivers are not eligible.
There is no work licence for driving under the influence of a drug.

Cumulative disqualification

If you are disqualified for a drink or drug driving offence while an earlier drink or drug driving disqualification is still running, the new period is served after the old one ends (ss 90B to 90D). That is not the same as saying every disqualification is cumulative: it depends on the offences and the timing.

Getting advice on a drug driving charge

A lawyer can check the testing procedure and certificates, advise whether the evidence proves the offence charged, prepare a work licence application if you are eligible, and present material at sentence. For drink driving penalties, see drink driving penalties in Queensland.

Call 1300 941 900 or make an enquiry about legal representation.

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FAQs: drug driving in Queensland

What is the difference between driving under the influence of a drug and driving with a relevant drug present?

Under the influence requires proof that the drug affected you. Relevant drug present only requires a positive test for a prescribed drug, with no need to prove impairment.

Can prescription medication lead to a drug driving charge?

Yes, if it affects you enough to support an under the influence charge. Medicinal cannabis containing THC can also lead to a relevant drug present charge.

Can I lose my licence for a first drug driving offence?

Yes. A first relevant drug present offence carries at least 1 month's disqualification on an open licence, or at least 3 months for learner and P-plate drivers. Under the influence carries an automatic 6 months.

Are drug driving disqualifications cumulative?

They can be, if a new drink or drug driving disqualification is imposed while an earlier one is still running (ss 90B to 90D).

Did drug driving penalties change in 2026?

The maximum for driving under the influence rose on 31 August 2026. The relevant drug present changes start on 1 December 2026.

Where can I find the full Queensland drug driving laws?

In TORUM ss 79, 80 and 86, on the Queensland legislation website.

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.

Transport Operations (Road Use Management) Act 1995 (Qld) – ss 79, 80, 86, 90B–90D, sch 4 (reprint current from 21 September 2026) — checked 21 Oct 2026
Transport and Other Legislation Amendment Act 2026 (Qld) (Act No. 23) – pt 10 div 3, commencing 1 December 2026 — checked 21 Oct 2026
Queensland Government – Drug driving — checked 21 Oct 2026
Queensland Community Safety Act 2024 (Act No. 45), ss 93–104 – TORUM amendments commenced 31 August 2026 — checked 20 Oct 2026
TORUM legislative history (commencement of amending Acts) — checked 20 Oct 2026

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

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