Changes to drug driving laws would negatively impact medicinal cannabis users, advocates say

Concerns raised over changes to drink and drug driving laws in Queensland Mon 27 Jul 2026 at 3:47pm In short: New laws proposed by the Queensland government would increase the maximum penalty for drivers with a drug present in their blood or saliva and would double penalties for drink and drug drivers. The Alcohol and Drug Foundation has warned the reforms would negatively impact people using legal medicinal cannabis prescriptions. What's next? A parliamentary committee will consider feedback on the bill before it is debated in state parliament. Australia's leading alcohol and other drug prevention organisation has raised concerns over the Queensland government's proposed "zero-tolerance" drink and drug driving laws. The legislation would increase the maximum penalty for drivers with a drug present in their blood or saliva and would also double penalties for drink and drug drivers, along with tougher consequences for other offences from December. Alcohol and Drug Foundation's (ADF) state manager Martin Milne warned the changes would negatively impact people using legal medicinal cannabis prescriptions. "They face fines, losing their licence and aggravated penalties, simply for taking their medication as directed," Mr Milne said in his submission on the bill. The state government said the changes, announced last month, were an evidence-based response to rising road trauma and had been informed by experts, crash data, and enforcement trends. Last month, Transport Minister Brent Mickelberg said the laws aimed to send a message that there would be serious consequences for dangerous driving. He said the "simple fact" was that it was "not safe to drive" while affected by tetrahydrocannabinol, also known as THC. "More than 60 per cent of drug driving fatalities had THC in their system," Mr Mickelberg said in June. Detectable for up to three days Mr Milne said current roadside drug testing was limited to detecting the presence of THC in saliva and didn't measure impairment. "THC can remain detectable in saliva for up to three days after use," he said. "Under the proposed laws, a person may be penalised despite the psychoactive effects of the drug (and any impairment of driving ability) long having worn off." Mr Milne said Queensland had one of the largest populations of medicinal cannabis patient populations in Australia. "Data from the Therapeutic Goods Administration shows Queensland has the highest number of prescribers operating under the Special Access Scheme," Mr Milne said. He added the state could maintain a strong commitment to road safety while still ensuring people who use prescribed medicinal cannabis are not unfairly penalised. He recommended the state government investigate approaches for assessing cannabis-related impairment, including THC in saliva thresholds and enhanced field sobriety testing. "As access continues to grow, it is important that road safety laws distinguish between drivers who present a genuine safety risk and those who are using a prescribed medicine responsibly and are not impaired," Mr Milne said. 'Too much bloodshed and carnage' RACQ general manager for advocacy Joshua Cooney said whether the substance is illicit or prescribed, it couldn't support impaired driving. "There's too much bloodshed and carnage that's taking place on our roads," Mr Cooney told a parliamentary committee on Monday. Mr Cooney said there were about 70 drug-related deaths on Queensland's roads last year. "In most of those cases, it's involved cannabis," he said. "We can't support any measure that may increase the risk of impaired driving." He said he supported further research between detectable THC and impaired driving, before a line was to be established and enforced. "We don't have it yet," Mr Cooney said. Mr Cooney said RACQ supported the bill's combination of stronger consequences, intervention and behaviour change measures. "Queensland is in a road safety crisis," he said. "We're not here to stand against the use of medicinal cannabis. We're here to advocate for improved road safety," he said. 'Serious concerns' over rationale The bill would also introduce minimum court-imposed fines for drink and drug driving offences aimed at ensuring penalties match the seriousness of the offences. Under current laws, courts have the discretion to determine the fine's amount, provided it did not exceed the maximum. The bill explained that if a court could impose a lower penalty than an infringement notice, two people who commit the same offence could receive different outcomes depending on how their matter is resolved. Queensland Law Society's president Peter Jolly said he had "serious concerns" about the underlying rationale and the practical implications for fair justice. In the society's submission on the bill, Mr Jolly said the premise that two people who commit the same offence should receive the same fine was incorrect. "One may be a first-time offender in genuine financial hardship with a strong prospect of rehabilitation,"he said. "Another may be a recidivist offender with no mitigating circumstances." The society said it supported the overall bill's overarching aim of improving road safety outcomes. The committee's members will consider feedback on the bill before it is debated in state parliament.