Driving after drugs in New Zealand (2026)
Last reviewed: 30 October 2026
In short: New Zealand uses blood concentration levels for 26 listed drugs, including THC, and any level for other qualifying drugs. Police can require any driver to take an oral fluid test, and there is a defence for medicine taken as prescribed.
| Rule | What applies |
|---|---|
| Approach to cannabis (THC)Driving a car after drug use | Numeric limit [1] |
| THC thresholdDriving a car after drug use | THC (cannabis): tolerance level 1 ng/ml of blood; high-risk level 3 ng/ml. Above the tolerance level and up to the high-risk level is an infringement offence; above the high-risk level is an offence. [1] |
| Prescribed medicinesDriving a car after drug use | Exception for prescribed medicine [1] |
| Police screening testDriving a car after drug use | Yes [1] |
| Main sanctionsDriving a car after drug use | For a first or second court offence of driving over the high-risk level of a listed drug (or with an unlisted drug after failing a compulsory impairment test): imprisonment up to 3 months or a fine up to NZD 4,500, and disqualification of 6 months or more. For two or more drugs, or a drug combined with alcohol: up to 6 months or NZD 4,500 and disqualification of 9 months or more. A third or subsequent offence: up to 2 years or NZD 6,000 and disqualification of more than 1 year. [1] |
Notes
- For 26 listed qualifying drugs, blood evidence of use means a concentration above a tolerance level; for an unlisted qualifying drug any level counts. Offence versus infringement depends on the high-risk level, compulsory impairment test and number of drugs. Position per the Act as at 1 July 2024.
- It is a defence if the drug was taken as prescribed for that person and in line with health practitioner or manufacturer instructions, or was administered by a health practitioner.
- A positive first test is followed by a second oral fluid test; if both indicate the same drug it is an infringement offence unless the driver elects a blood test.
Sources
- New Zealand Legislation (Parliamentary Counsel Office): Land Transport Act 1998 No 110 (as at 01 July 2024), Public Act (Internet Archive snapshot of 24 April 2025) (consulted 30 October 2026) · all sources
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.