Roadside drug testing has expanded significantly across Queensland, catching many drivers off guard, particularly those relying on medicinal cannabis or individuals who consumed a substance days prior to driving.
Queensland law takes a zero-tolerance approach to illicit substances in a driver’s system. At Bell & Senior Lawyers, we provide robust representation for clients facing drug driving offenses, working tirelessly to minimize disqualifications and secure work licences where possible.
The Two Types of Drug Driving Offences
It is critical to understand the distinction between the two types of drug driving charges in Queensland:
-
Driving While a Relevant Drug is Present (Section 79(2AA)) This is a strict liability offence detected via a roadside saliva test or subsequent blood test. It merely requires the presence of THC, MDMA, or Methylamphetamine in your system. Even if you smoked cannabis two days earlier and are entirely sober, you will be charged. The penalty involves a mandatory licence disqualification (usually 1-9 months for a first offence). Crucially: You may be eligible for a Restricted Work Licence for this offence.
-
Driving Under the Influence of a Drug (Section 79(1)) This is a far more serious charge, akin to high-range drink driving. Police lay this charge if they believe your driving was visibly impaired by any drug (including prescription medication). This often relies on police observation of your behavior (e.g., erratic driving, slurred speech) or blood tests showing high concentrations. The penalties are severe, including a mandatory minimum 6-month disqualification and the possibility of imprisonment. Crucially: You are NOT eligible for a Work Licence if charged with this offence.
Medicinal Marijuana Drivers
A common legal trap in Queensland is the use of prescribed medicinal cannabis. Currently, the Transport Operations (Road Use Management) Act provides no exemption for the presence of prescribed THC in your saliva. If you test positive for THC while driving, even with a valid prescription, you will be charged.
We frequently represent medicinal patients, advocating strongly during sentencing to present the medical context as powerful mitigation to secure the absolute minimum penalty.
Contact our Gold Coast traffic team today for confidential, experienced advice on defending a drug driving charge.