Drug Driving Charges in Queensland
Drink Driving — 2026-07-03 — by Sacha Sarah Smith, Civic Law
Charged with drug driving in Queensland? The two charges, what the police have to prove, the penalties for each, and what you can do about it.
You have been pulled over, asked to provide a saliva sample at the roadside, and tested positive for a drug. Or you have been charged after a blood test came back with a relevant drug in your system. Either way, you are now facing a drug driving charge under the Transport Operations (Road Use Management) Act 1995 (Qld) — and you want to know what happens next.
Queensland has two separate drug driving offences, and the difference between them changes everything — the penalties, the licence consequences, and whether a work licence is even available to you. This article sets out both charges, what the police have to prove, the penalties at each level, and what you can do to get the best available outcome.
The Two Drug Driving Charges
The first and more common charge is driving with a relevant drug present under section 79(2AA). This is the charge that follows a positive roadside saliva test or a positive blood analysis. The prosecution does not need to prove you were impaired — only that a relevant drug was in your blood or saliva while you were driving. Any detectable amount is enough. It does not matter whether the drug had any effect on your driving at all.
The four relevant drugs tested in Queensland are:
THC — the active ingredient in cannabis
Methylamphetamine — also known as speed and ice
MDMA — the active ingredient in ecstasy
Cocaine
The second and more serious charge is driving under the influence of a drug under section 79(1). This requires evidence that the drug actually affected your ability to drive — observable signs of impairment, erratic driving, failed field sobriety assessments, or expert evidence about the drug's effects. The prosecution must prove you were under the influence, not merely that a drug was present.
Unlike alcohol — where a BAC of 0.15 or above creates a conclusive presumption under section 79(3) that you were driving under the influence — there is no equivalent deeming provision for drugs. The mere presence of a drug in your system does not prove you were under its influence. That was confirmed in Hay v Commissioner of Police [2016] QDC 358, where the District Court noted there was no evidence of impairment despite MDMA and THC being detected in the driver's saliva.
Penalties — Driving With a Relevant Drug Present
If you are charged under section 79(2AA) — the presence-based offence — the penalties depend on whether this is your first offence or a repeat offence within five years:
First offence. Maximum 14 penalty units or 3 months imprisonment. Licence disqualification of 1 to 9 months under section 86. In practice, a first offence with no crash and no prior traffic history typically results in a fine and a short disqualification — often at the lower end.
Second offence within 5 years. Maximum 20 penalty units or 6 months imprisonment under section 79(2F). Disqualification of 3 to 18 months under section 86(2B). A work licence is no longer available because of the prior conviction — section 87(5)(c).
Third offence within 5 years. Maximum 28 penalty units or 9 months imprisonment under section 79(2G). Minimum disqualification of 6 months under section 86(2D). Imprisonment becomes a realistic prospect at this level.
If you have a prior conviction for the more serious charge — DUI-drug under section 79(1), or an indictable driving offence, or dangerous operation under section 328A of the Criminal Code — the maximum penalty for even a section 79(2AA) offence increases to 30 penalty units or 1 year imprisonment under section 79(2H). With two prior convictions of that kind, it rises to 60 penalty units or 18 months under section 79(2I).
Penalties — Driving Under the Influence of a Drug
If you are charged with DUI-drug under section 79(1), the penalties are significantly higher — and the consequences for your licence are worse:
First offence. Maximum 28 penalty units or 9 months imprisonment. Absolute disqualification of 6 months under section 86(1) — the court cannot reduce it below that.
Second offence within 5 years. Maximum 60 penalty units or 18 months imprisonment under section 79(1A).
Third offence within 5 years. Mandatory imprisonment under section 79(1C). The court must impose a term of imprisonment — it has no discretion to substitute a fine or community order. The sentence may be suspended, but imprisonment must be ordered.
DUI-drug is in the same penalty bracket as high-range drink driving. A work licence is not available for this charge — section 87(5)(da) excludes all section 79(1) convictions from the work licence regime.
What Happens to Your Licence Immediately
If you test positive for a drug at a roadside saliva test, your licence is suspended for 24 hours on the spot — regardless of whether you are ultimately charged.
What happens after that depends on the charge:
Charged with driving with a relevant drug present (section 79(2AA)) — first offence with no pending charges. Your licence is not immediately suspended beyond the initial 24 hours. You can continue driving until the charge is dealt with by the court. This is different from mid-range and high-range drink driving, where your licence is suspended from the date of charge.
Charged with section 79(2AA) while you already have a pending drug driving charge. Your licence is immediately suspended under section 79B(1)(c) until the charge is dealt with by the court.
Charged with DUI-drug (section 79(1)). Your licence is immediately suspended from the date of charge under section 79B(1)(a), and remains suspended until the charge is dealt with by the court, withdrawn, or you obtain a section 79E order allowing you to drive in the interim.
Medicinal Cannabis — No Defence in Queensland
This is one of the most common questions I get, and the answer is clear: a valid prescription for medicinal cannabis is not a defence to a drug driving charge in Queensland.
Section 79(2AA) is a presence-based offence. If THC is detected in your saliva or blood, the offence is made out — regardless of whether you have a prescription, regardless of whether you were impaired, and regardless of how long ago you consumed the medication. Section 79(12) of the TORUM Act specifically provides that section 24 of the Criminal Code — the honest and reasonable mistake of fact provision — does not apply to any offence under section 79. You cannot argue that you honestly and reasonably believed the THC had cleared your system.
The Queensland Government has acknowledged this creates difficulties for medicinal cannabis patients, but the law has not changed. Tasmania is the only Australian state with a medical defence for prescribed THC. In Queensland, if you are taking medicinal cannabis containing THC, you cannot legally drive while it is detectable — and THC can remain detectable in saliva for 12 hours or more after use, and significantly longer for frequent users.
Can You Get a Work Licence?
If you need to keep driving for work, the answer depends on which charge you are facing:
Driving with a relevant drug present (section 79(2AA)) — first offence. You are eligible to apply for a work licence under section 87, provided you held a current Queensland open licence at the time of the offence, you have no prior drink or drug driving conviction within five years, and you were not driving for work at the time. Check your eligibility here .
DUI-drug (section 79(1)). A work licence is not available. The exclusion under section 87(5)(da) is absolute — the court has no discretion to override it, regardless of how much you need your licence for employment.
Any drug driving charge with a prior conviction within five years. A work licence is not available — section 87(5)(c) bars the application.
If you are eligible, the application must be made at the time you are convicted and before the court orders the disqualification. You cannot come back later. The preparation — the affidavit, the employer evidence, the hardship material — needs to be ready before your court date. Read our work licence guide for the full process.
What Helps at Sentence
The court weighs specific factors at sentencing , and the outcome depends on what evidence is placed before the magistrate. These are the things that move the needle:
Completing a traffic offenders program. The Queensland Traffic Offenders Program (QTOP) runs online and costs $285 including GST — reduced to $240 with the coupon code QTOP at checkout. It is three sessions of 1.5 hours, a minimum of four days to complete, and you have four months from enrolment. A certificate of completion shows the court you have engaged with the issue. If you need help finding a program, our substance use support page lists services in Cairns and the region.
Counselling or treatment. If drug use is an ongoing issue rather than a one-off, evidence that you have sought help — GP records, counselling attendance, an alcohol and drug service referral — carries weight. The court looks at what you have done, not what you say you plan to do.
Your traffic history. A clean traffic history — no prior drink or drug driving, no disqualified driving — tells the court this is a departure from otherwise lawful behaviour, not a pattern.
Your criminal history. A person with no criminal record is in a fundamentally different position from someone with prior convictions. For a first offence with no criminal history, a no-conviction order is a realistic outcome.
Employment and family circumstances. Whether you will lose your job, whether you have dependants who rely on your income, whether the disqualification will cause hardship beyond the ordinary — these are relevant. A letter from your employer and an affidavit setting out the impact should be before the court.
Character references. References from employers, colleagues, or community members that speak to your recent conduct — not general statements about your character, but specific observations about behaviour and reliability.
The court can only weigh what it sees. If none of that material is put before the magistrate, the sentence is determined by the charge, your history, and the police summary of facts alone.
Drug Driving Is Not the Same as a Drug Offence
A drug driving charge under section 79 of the TORUM Act is a traffic offence — it deals with what was in your system while you were driving. It is separate from a drug possession or supply charge under the Drugs Misuse Act 1986 (Qld). You can be charged with both if police find drugs on you during a traffic stop, but they are different offences with different penalties and different court processes. If you are facing both, each charge needs to be addressed on its own terms.
Talk to Civic Law
If you have been charged with drug driving, the outcome depends on which charge you are facing, your history, and how the matter is prepared. For a first offence under section 79(2AA), the realistic range of outcomes is a fine and a short disqualification — with proper preparation, often without a conviction recorded. For DUI-drug under section 79(1), the stakes are higher and the preparation matters more.
Call Sacha Sarah Smith on 0425 429 458 for a direct assessment of where you stand — what you are actually facing, whether a work licence is available, and what preparation is needed before your court date .
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