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Drug Driving

Victoria Police conduct roadside oral fluid tests for cannabis (THC), methylamphetamine and MDMA. Any detectable amount is an offence. You do not need to be impaired to be guilty.

How drug driving is detected

Police use a two-stage process. A roadside oral fluid screening test is followed by a second sample analysed by a laboratory. A drug driving charge usually follows weeks later, once the laboratory confirms the result.

Drug driving vs driving impaired

Drug driving (having a prescribed drug present) is different from driving while impaired by a drug and driving under the influence, which require evidence that your driving ability was affected and carry heavier penalties.

Medicinal cannabis

Many people now use prescribed medicinal cannabis. A prescription is not a defence if THC is detected. However, since 1 March 2025 a magistrate is no longer required to cancel the licence of a driver who took legal medicinal cannabis as prescribed. See medicinal cannabis below.

Penalties

A first offence is often dealt with by infringement notice with a fine and licence suspension. Court matters can result in fines, licence cancellation, a Behaviour Change Program requirement and, for repeat offences, heavier penalties.

Specific offences

Detailed guides to each charge, with what police must prove, maximum penalties, possible defences and sentencing statistics:

Minimum licence loss

If you are found guilty in court of driving with an illicit drug present (by oral fluid or blood test), the magistrate must cancel your licence and disqualify you for at least 6 months for a first offence and 12 months for a subsequent offence.

Infringement notices: an unchallenged drug-driving infringement brings an automatic 6-month suspension.

Alcohol and drugs together: combined offences carry higher minimums, from 12 months (first offence) and 24 months (subsequent), increasing with the alcohol reading.

A drink- or drug-driving offence in the previous 10 years makes it a “subsequent offence”. Any time you were already off the road under an immediate police suspension is deducted from the minimum.

Medicinal cannabis: the 2025 change

Since 1 March 2025, if the drug detected was a legal medicinal cannabis product taken in accordance with a prescription, the mandatory cancellation does not apply. The magistrate can instead decide whether to cancel your licence at all. If the court does cancel, the usual minimums (6 or 12 months) still apply.

This is not a defence. You are still guilty of the offence, and a fine and conviction remain possible. It also does not cover impaired driving, refusal offences or combined alcohol and drug readings.

An infringement notice still brings an automatic 6-month suspension. To ask the court to use its discretion, you must elect to have the matter heard in court within 28 days. Bring your prescription, a letter from your doctor and the dispensed product label.

Source: Road Safety Act 1986 (Vic) s 49(1)(bb), (h), (i), s 50(1AD), (1E)–(1F), s 89D and Schedule 1AB. The court cannot go below these minimums, but it can impose a longer period.

How we can help

We check the testing procedure and laboratory certificates and advise whether to contest. Where a plea is appropriate, we focus on minimising the licence loss and keeping a conviction off your record.

This page is general information about Victorian law only and is not legal advice. Every case is different. Speak to us about your situation.

Key Facts

The offence

Driving with a prescribed illicit drug present in your blood or oral fluid

Possible penalties

Fine
Licence suspension or cancellation
Behaviour change program
Higher penalties for repeat offences

Minimum licence loss

6 months (first offence); 12 months (subsequent). Court discretion for prescribed medicinal cannabis since 1 March 2025

Medicinal cannabis

Not a defence, but since 1 March 2025 the court does not have to cancel your licence if you took it as prescribed.

Court

Magistrates’ Court (or infringement notice for some first offences)

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Frequently asked questions

Will I lose my licence?

For many drink driving, drug driving, refusal and excessive speed offences, the law requires a minimum licence suspension or cancellation that the court cannot reduce. For other driving offences, licence loss is at the court’s discretion. We can tell you what applies to your charge and how to minimise any time off the road. See Driving offences.

What happens at my first court date?

Your first court date is usually a filing hearing or mention. You will not normally give evidence. The matter can be adjourned so you can get legal advice, obtain the police brief of evidence, negotiate with police or apply for diversion. Arrive early and bring your paperwork.

What is diversion?

Diversion allows an eligible person, usually a first offender, to complete conditions such as an apology, a donation or counselling in exchange for the charges being discharged without a finding of guilt. Police must consent. See Diversion.

How much does a criminal lawyer cost?

We offer a free initial consultation and, for most matters, a fixed fee agreed in advance, so you know the cost before we start. The fee depends on the type of matter, the court, and whether it is a plea or a contested case.

If you cannot afford a lawyer, you may be eligible for legal aid.

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Tell us a little about your matter and we will call you back. Your first consultation is free.

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