Skip navigation

Important Information

Queensland government

Drugs and Driving – ‘Zero Tolerance’ (December 2023)

Drugs have been identified as a contributing factor in a significant number of fatal road accidents in Queensland. From December 2007 the police have been able to undertake random roadside saliva testing for relevant drugs including cannabis*, speed, crystal meth and ecstasy. In 2023, testing for cocaine was added to the drug testing program.

If any trace of relevant drugs is found in your system from saliva testing while you are driving or in charge of a vehicle—the court can impose a fine of up to $2,167 and you could be disqualified from driving for up to nine months for a first offence.

Find out more about drug driving and roadside drug testing. You can be pulled over by police officers for a random roadside saliva test to detect any presence of relevant drugs. The tests can be carried out at random breath testing sites and at targeted drug test sites. You can also be pulled over and tested by a police officer if they suspect you are driving under the influence of drugs.

Police officers can ask you to provide a saliva sample at a roadside drug test to detect the presence of Methamphetamine, MDMA or THC, listed as relevant drugs under legislation. There is zero tolerance for driving with a relevant drug present and any trace in your system can be penalised. If you test positive for drugs, your licence will be suspended for 24 hours.



A saliva test will take three to five minutes to return a result. Saliva tests are only used to detect drugs and are destroyed when no longer required. If you cannot provide a saliva sample, you may be asked to provide a blood sample for testing. Your saliva test will produce either a:

    • negative result—this means no drugs were detected and you can continue on your way
    • positive result—this means drugs have been detected.

If your drug test is positive, you will need to provide another saliva sample for a second test. If your second test result is also positive, the test samples will be analysed further at a laboratory. The saliva test detects the active ingredient in the drug and depends on factors such as the:

    • type of drug taken
    • quantity and quality of drug
    • frequency of drug use
    • period of time since taking the drug.


Penalties for drug driving

Driving with a relevant drug present

There is zero tolerance for driving with a relevant drug present. Any trace of a relevant drug/s in your system can be penalised. Driving with a relevant drug present is identified via saliva analysis. If you test positive for drugs, your driver licence will be suspended for 24 hours.

If you are then charged with driving with a relevant drug present and you have no pending drug driving charges, your driver licence will remain valid until the charge is dealt with by a court, is withdrawn or otherwise discontinued. However, if you are charged with driving with a relevant drug present and have pending drug driving charges, your driver licence will be suspended immediately until your court date.

When dealing with your charge of driving with a relevant drug present, a magistrate may:

  • disqualify you from driving for between one to nine months
  • fine you up to $2,167
  • impose a maximum term of imprisonment up to three months.

Driving under the influence of liquor or a drug

If a police officer reasonably suspects that your driving ability has been impaired by any drug you may be required to provide a specimen of blood for analysis. If you fail to provide a specimen, or a drug is detected in your blood, you will be charged with driving under the influence of liquor or a drug. If you are charged with driving under the influence of liquor or a drug your driver licence will be immediately suspended until the charge is dealt with:

  • by a court
  • is withdrawn or otherwise discontinued
  • or you are issued with a court order permitting you to drive until your court hearing.

When dealing with your charge of driving under the influence of liquor or a drug, a magistrate may:

  • disqualify you from driving for up to six months
  • fine you up to $4,334
  • impose a maximum term of imprisonment up to nine months.

If you are charged with a repeat drug driving offence (you have been previously convicted of a drug driving charge in the last five years) a court may:

  • disqualify you from driving for up to two years
  • fine you up to $9,288
  • impose a term of imprisonment for a period of time determined by the court.

If you fail to provide a specimen of saliva for testing, you may be fined up to $6,192 or sentenced to a maximum term of imprisonment up to 6 months. You may also be liable for the same penalties as if you were charged with the offence of driving under the influence of drugs.

Drug driving Queensland

You may be eligible to apply for a work licence in Queensland.

*Never causative in ANY fatality, as correlation does NOT equal causation.


Queensland government

Drug offences

There are numerous offences you can be charged with in relation to illegal drugs. The penalties vary according to the type and amount of drugs involved; however, drug offences are taken very seriously and carry severe penalties.

Schedule 1 drugs (e.g. amphetamines, cocaine, heroin, LSD and ecstasy) carry greater penalties than schedule 2 drugs (e.g. cannabis, morphine and barbiturates). For example, supplying heroin carries a maximum penalty of 25 years in jail; whereas supplying cannabis has a maximum prison term of 20 years.

The amount of drugs involved in the offence is a significant factor. For example, being found with a small amount of cannabis for personal use is regarded far more leniently than possession of multiple bags intended for sale.

Possessing illegal drugs

Possession is not the same as owning the drug. You can be in possession of a drug even if you did not buy it or have not used it. For example, if you know there are drugs in your share house, you can be charged with possession even if they belong to someone else.

Supplying illegal drugs

Supply is a wide legal term and can include:

  • giving, distributing, selling, administering or transporting drugs
  • offering to give, distribute, sell, administer, transport or supply drugs
  • preparing to give, distribute, sell, administer, transport or supply drugs.

Just giving one of your pills to a friend is an offence and you can be charged with supply.

As well as the type and quantity of drugs involved, other factors are considered when evaluating the seriousness of a supply offence, such as if you were involved with supplying drugs to a child or near a school.

Trafficking illegal drugs

Trafficking is carrying on the business of supplying drugs as part of a commercial operation. This usually involves larger amounts of drugs, several acts of supply, or evidence of an organised business supplying drugs.

Cultivating or producing illegal drugs

This covers the growing, preparing, manufacturing, packaging and production of drugs. It does not just mean operating a meth lab or a hydroponic cannabis cultivation system; it includes simply growing a cannabis plant for your own use in your backyard.

Publishing or possessing a recipe for producing a dangerous drug

If you publish instructions on, or own a document containing instructions on, how to produce a dangerous drug, you are committing a crime. Just downloading a recipe for crystal meth from the internet could result in 25 years in jail.

Possessing things (drug paraphernalia)

This includes things used to take drugs (e.g. a bong, pipe or syringes) or things used to produce drugs (e.g. scales, hydroponic cultivation equipment or a pill press) if they have been used for a drug offence or are intended to be used for a drug offence. So you can be charged with possession of a bong, without actually being charged with possession of cannabis.

Permitting a place to be used for a drug offence

If you own or manage a property and allow it to be used for a drug offence you are committing a crime carrying a maximum penalty of 15 years in jail. It does not matter whether or not you are directly benefitting financially from allowing the property to be used for the offence. You are therefore committing an offence if you allow a tenant to grow plants in the back yard.

Drug labs—clandestine drug laboratories (clan labs)

Drug labs pose a risk to the safety and security of all Queenslanders. The ingredients used to produce illegal drugs are highly toxic, flammable, and incredibly dangerous. Drug labs can ignite, explode and emit harmful gases that can cause serious health problems, which can be life threatening. 

Police drug diversion program

The drug diversion program offers people arrested for a minor drugs offence—for example, the possession of a personal use quantity of a dangerous drug—with an opportunity to receive professional help to quit using drugs, rather than going through the normal court process and getting a criminal record.

Find out more about the police drug diversion program.