NSW and Queensland have taken drastically different approaches to changing the way they deal with drivers who test positive for drugs under new measures that are in the process of being brought into effect.

Queensland motorists who are caught with a drug present in their blood or saliva will have their penalties doubled under legislation that was passed last week. The changes apply to methamphetamine, cannabis and cocaine, the presence of which will now attract a fine of up to $4385 and a loss of licence for at least two months.

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Drivers in the Sunshine State who test positive to drugs and have an illegal blood-alcohol concentration will now be fined a maximum of $5699 and lose their licence for at least three months. 

Queensland’s new laws also include the framework enabling authorities to hit drivers with an immediate six-month licence loss if they are caught exceeding the speed limit by more than 40km/h. There will also be minimum court-imposed fines for drink and drug driving, which was not the case before the legislation passed.

The changes will take effect from December 1 this year and also include an increase in the maximum penalty for road offences that result in death or grievous bodily harm from 16 years to 25 years.

NSW is going in the opposite direction with drug-driving by passing legislation that means some drivers who are found with cannabis in their system will no longer be automatically penalised.

Motorists who use lawfully prescribed cannabis used to face an immediate loss of their licence for three months, but the new laws allow them to dodge that fate as long as they meet several conditions.

Only drivers with a lawful prescription for cannabis and an unrestricted licence fall under the legislation. They must also complete an online education program about cannabis use and driving, and they must not be impaired by the drug while they are in charge of a motor vehicle.

Highway Patrol Black Spur Toyota 86 pulled over
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There will be no change to the state’s drug-testing system, or threshold for detection of tetrahydracannabinol (THC) – the psychoactive ingredient in cannabis – under the changes. 

Registered medical cannabis users will keep receiving an immediate 24-hour driving ban while their sample is sent for laboratory testing. If their results show a concentration of 50 nanograms per millilitre of saliva or 3.5 nanograms per millilitre of blood, penalties will apply.

The online course is currently being developed and the changes are expected to be implemented later this year or in 2027, as while the legislation has been passed by the NSW Parliament, it is still waiting for assent and proclamation.