Driving after drugs in Victoria (2026)

Last reviewed: 13 October 2026

In short: Any amount of THC in the system is an offence in Victoria, including from prescribed medicinal cannabis, and police test by roadside saliva test. A first offence costs 3 to 12 penalty units and at least 6 months without a licence.

RuleWhat applies
Approach to cannabis (THC)Driving a car after drug useAny use is an offence [1]
THC thresholdDriving a car after drug useAny amount of THC in the system is an offence; no numeric limit applies. [1]
Prescribed medicinesDriving a car after drug useSame limits apply [1]
Police screening testDriving a car after drug useYes [2]
Main sanctionsDriving a car after drug useFirst offence by infringement: fine of 3 penalty units and licence suspended for 6 months; if it goes to court, a fine of up to 12 penalty units and licence cancelled for at least 6 months. A second offence carries up to 60 penalty units and at least 12 months cancellation. [2]

Notes

  • The Transport Victoria pages read are Internet Archive snapshots of 29 March 2026; the live pages could not be read (access blocked).
  • A valid medicinal cannabis prescription is not a defence to a positive THC roadside test. From 1 March 2025 a magistrate may decide not to cancel the licence of a first-time offender who is unimpaired and using a legal prescribed product; fines may still apply.

Sources

  1. Department of Transport and Planning (Victoria): Medicinal cannabis and driving laws in Victoria - Transport Victoria (Internet Archive snapshot of 29 March 2026) (consulted 13 October 2026) · all sources
  2. Department of Transport and Planning (Victoria): Drug driving penalties - Transport Victoria (Internet Archive snapshot of 29 March 2026) (consulted 13 October 2026) · all sources

More rules in Victoria

  • E-scootersUse on public roads: Yes, paths and roads up to 60 km/h · Minimum age: 16
  • CannabisPossession for personal use: Criminal offence; small amounts max 5 penalty units · Growing at home: Banned
  • Car speed limitsBuilt-up areas: 50 km/h · Outside built-up areas (single carriageway): 100 km/h
  • Deposit return schemes and plastic bagsNational deposit return scheme in operation: Yes, CDS Vic · Deposit per container: 10c refund
  • Minimum age for a car driving licenceMinimum age for a car licence: 18 (probationary licence) · Earliest age to drive a car supervised: 16
  • E-bikes and speed pedelecsLegal class: Bicycle rules
  • FireworksConsumers may buy and use category F2 fireworks: No (licensed only)
  • Foreign driving licencesOverseas licence valid for a visitor: Yes, if living in Victoria under 6 months · Overseas licence after becoming a resident: Convert if living in Victoria 6+ months
  • Home educationLegal status of home education: Registration required · Nature of the parental duty: School or registration
  • Knives and pepper sprayFolding pocket knives: Controlled weapon; excuse needed · Locking or one-handed knives: Flick and butterfly knives prohibited
  • 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/built-in only; L/P: none
  • 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, all homes · Minimum alarms and where: One per level, plus by bedrooms
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 18 · Minimum age to buy e-cigarettes: 18
  • 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.