By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 15 April 2026.
Key points
- NSW roadside drug tests use a saliva sample and detect cannabis (active THC), methamphetamine (ice or speed), MDMA (ecstasy) and cocaine.
- A positive result is tested again and sent to a laboratory, and you cannot drive for 24 hours.
- The offence is the drug's presence, not impairment, so there is no legal waiting time after using cannabis.
- First offence: a $722 penalty notice with a 3-month suspension, or in court a fine of up to $2,200 and 3 to 6 months' disqualification.
- Medicinal cannabis: a new law passed in September 2026 will protect registered patients with unrestricted licences; the registry is expected in late 2026 to early 2027.
- Driving under the influence of a drug is a separate, more serious offence: up to 18 months' imprisonment for a first offence.
- For advice after a positive test, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in NSW for a fixed $295.
In NSW, a roadside drug test takes a saliva sample and detects four drugs: cannabis (active THC), methamphetamine (ice or speed), MDMA (ecstasy) and cocaine. A positive result is tested again and sent to a laboratory, the driver is banned from driving for 24 hours, and if the drug is confirmed, a first offence can be dealt with by a $722 penalty notice and a 3-month licence suspension, or in court with a fine of up to $2,200 and a disqualification of 3 to 6 months.
Checked on 23 October 2026 against the NSW Government's drink and drug driving penalties page and the Minister for Roads' September 2026 release on medicinal cannabis and driving.
What a roadside drug test detects
- How it works: the roadside drug test takes a saliva sample. Police can test you at roadside random drug testing or whenever they stop you.
- What it detects: cannabis (active THC), methamphetamine (ice or speed), MDMA (ecstasy) and cocaine.
- Morphine is not on the roadside list, but driving with morphine in your blood or urine is a separate offence unless you can prove it was for medical use.
- Other drugs and medicines: if police reasonably suspect you are under the influence of any drug, including prescription drugs, they can require blood and urine tests, and you can be charged with driving under the influence.
What happens if you test positive
- The test is repeated. If the first saliva test is positive, police test again.
- Laboratory testing. If it is still positive, the sample goes for laboratory testing, which takes longer than the roadside test.
- No driving. Any driver who returns a positive roadside sample gets a 24-hour driving ban, starting at once, while the sample is sent to the laboratory, and the NSW Government says you must not drive while waiting for the test results.
- The charge. If the laboratory confirms the drug, you will be charged with a drug driving offence, dealt with by a penalty notice or in court.
Drug driving penalties in NSW
| Penalty | First offence | Second or later offence |
|---|---|---|
| Penalty notice (on-the-spot) fine | $722, with a 3-month licence suspension | Not available |
| Maximum fine in court | $2,200 | $3,300 |
| Disqualification in court | 3 to 6 months | At least 6 months, no maximum |
| Automatic disqualification (if the court makes no other order) | 6 months | 12 months |
These are the NSW Government's figures for driving with active THC, methamphetamine, MDMA or cocaine present. The same court penalties apply to morphine present in blood or urine. Driving under the influence of a drug is more serious: up to $3,300 and 18 months' imprisonment for a first offence, with a minimum 12-month disqualification (3 years automatically). Driving with both an illegal alcohol level and an illegal drug present has been a separate, more heavily punished offence since 28 June 2021.
How long after using cannabis can you drive?
The law does not set a waiting time. The offence is driving with active THC present in your saliva, blood or urine, whether or not you feel affected, so the only certain way to avoid it is not to drive with cannabis in your system. If you take prescribed or over-the-counter medicines, the NSW Government says to follow medical advice and the manufacturer's instructions, and to talk to your doctor if you are unsure whether you can drive safely.
Medicinal cannabis and driving: the new law
The Road Transport Amendment (Medical Cannabis and Driving Offences) Bill 2026 passed the NSW Parliament in September 2026. According to the Minister for Roads' release of 17 September 2026:
- Who it covers: drivers with a NSW unrestricted licence who register with Transport for NSW, give evidence of a valid prescription and complete an online education program. It does not cover learners, P plate drivers or commercial drivers.
- Testing does not change: a registered patient who tests positive at the roadside still gets the 24-hour driving ban while the sample goes to the laboratory.
- The outcome: if the laboratory finds THC below 50 ng/ml, no further action is taken; at or above that level, a first or second detection within two years brings a warning, and a third brings a $722 fine and at least a 3-month suspension.
- Limits: registered patients must have no alcohol or other drugs in their system; standard penalties apply where more than one illicit drug is detected; drivers showing signs of impairment are still charged with driving under the influence.
- When: the registry and education program are expected to launch in late 2026 to early 2027. Until a driver is registered under the new system, the ordinary drug driving rules on this page apply to them.
Free legal help in NSW
| Service | Number | Hours |
|---|---|---|
| LawAccess NSW (Legal Aid NSW) | 1300 888 529 | 9am to 5pm, Monday to Friday |
See also drug driving in NSW and charged with drug driving in NSW.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in New South Wales is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise you after a positive test on whether to pay a penalty notice or have the matter dealt with in court, and can appear for you in the Local Court. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the NSW Government's page "Drink and drug driving penalties" (modified 8 July 2026) and the Minister for Roads' media release "Minns Labor Government's medicinal cannabis driving reforms pass NSW Parliament" (17 September 2026, published by Transport for NSW on 18 September 2026), on 23 October 2026.