Driving after drugs in Australian Capital Territory (2026)

Last reviewed: 13 October 2026

In short: Having THC, methylamphetamine, MDMA or cocaine in oral fluid or blood while driving is an offence in the ACT, with roadside drug screening tests. A first offender faces up to 25 penalty units.

RuleWhat applies
Approach to cannabis (THC)Driving a car after drug useAny use is an offence [1]
THC thresholdDriving a car after drug useDelta-9-tetrahydrocannabinol is a prescribed drug; having it in oral fluid or blood within the relevant period is an offence and no numeric limit is set. [2]
Prescribed medicinesDriving a car after drug useSame limits apply [1]
Police screening testDriving a car after drug useYes [1]
Main sanctionsDriving a car after drug useFirst offender: maximum 25 penalty units. Repeat offender: maximum 50 penalty units, imprisonment for 6 months or both. [1]

Notes

  • Section 20 contains no exception for prescribed medicines. The defences read in the Act concern alcohol and intention to drive.
  • The same maximum penalties appear in the Road Transport (Offences) Regulation 2005, schedule 1, item 6.

Sources

  1. ACT Legislation Register: Road Transport (Alcohol and Drugs) Act 1977 (A1977-17), republication 53, effective 26 November 2025 (consulted 13 October 2026) · all sources
  2. ACT Legislation Register: Road Transport (Alcohol and Drugs) Regulation 2000 (SL2000-8), republication 15, effective 1 January 2025 (consulted 13 October 2026) · all sources

More rules in Australian Capital Territory

  • E-scootersUse on public roads: Yes, mainly footpaths and shared paths
  • CannabisPossession for personal use: Legal for adults 18+ within the limit · Growing at home: Yes, 2 plants per adult, 4 per home
  • Car speed limitsBuilt-up areas: 50 km/h
  • Deposit return schemes and plastic bagsNational deposit return scheme in operation: Yes, container deposit scheme · Deposit per container: 10c refund
  • Minimum age for a car driving licenceMinimum age for a car licence: 17 (provisional licence) · Earliest age to drive a car supervised: 15 years 9 months, with a supervisor
  • E-bikes and speed pedelecsLegal class: Same rights as bicycles
  • FireworksConsumers may buy and use category F2 fireworks: No (licence or permit needed)
  • Foreign driving licencesOverseas licence valid for a visitor: Yes, while a visitor · Overseas licence after becoming a resident: Permanent visa: ACT licence after 3 months
  • Home educationLegal status of home education: Registration required · Nature of the parental duty: School or registration
  • Knives and pepper sprayFolding pocket knives: Offence without reasonable excuse · Locking or one-handed knives: Flick and butterfly knives prohibited
  • MopedsLicence: Motorcycle licence (class R)
  • Motorcycles: helmets and licencesHelmet required for the rider: Yes · Helmet required for a passenger: Yes
  • Paid holidayMinimum paid leave a year (weeks): 4 weeks (5 for some shiftworkers) · Minimum paid leave as the law states it: 4 weeks a year; extra week for some shiftworkers
  • Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Mounted or untouched; L/P: no voice use
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
  • Smoke alarms in homesSmoke alarm legally required in homes: Yes, compulsory · Minimum alarms and where: On or near the ceiling in bedrooms or in the corridor that leads to bedrooms, installed as per the manufacturer's instructions and the National Construction Code. A multi-level home needs smoke alarms on each level, interconnected.
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 18 · Minimum age to buy e-cigarettes: 18
  • Towing trailers and caravansTrailer mass allowed with a car licence in any combination: Up to 9,000 kg GVM
  • Drinking age and alcohol salesMinimum age to buy beer and wine: 18 · Minimum age to buy spirits: 18
  • Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.05% · Lower limit for novice or young drivers: 0.00% (zero)

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General information, not legal advice. Rules change: check the official source before you fly or ride.