DRIVING WITH THE PRESENCE OF CERTAIN DRUGS IN SYSTEM
The criminal offence of driving with the presence of certain drugs in system is a criminal offence that can lead to serious consequences. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of driving with the presence of certain drugs in system.
If you or anyone you know have been accused or charged with the criminal offence of driving with the presence of certain drugs in system, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF DRIVING WITH THE PRESENCE OF CERTAIN DRUGS IN SYSTEM?
Section 111(1) of the Road Transport Act 2013 (NSW) states that a person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug:
- Drive a motor vehicle, or
- Occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
- If the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF DRIVING WITH THE PRESENCE OF CERTAIN DRUGS IN SYSTEM?
Section 111 of the Road Transport Act 2013 (NSW) prescribes a maximum penalty of a $2,200 fine in the case of a first offence, and a $3,300 fine in the case of a second or subsequent offence for a person convicted of driving with the presence of certain drugs in system.
NSW GOVERNMENT’S PROPOSED CHANGES TO PERMIT DRIVING WITH THC IN SYSTEM
The NSW Government is considering proposed changes to legislation which would permit medicinal cannabis users in NSW with a valid prescription to be able to drive with THC in their system provided they are not impaired.
The proposed changes were contained within the recommendations of the NSW Drug Summit Report released in April 2025 and are also being advocated by Legalise Cannabis Party politician The Hon Jeremy Buckingham MLC, Member of the NSW Legislative Council.
Mr Buckingham recently proposed an amendment to new government post-crash drug and alcohol reforms which would have had the effect of the suggested changes, although he withdrew the amendment on the basis that he received a commitment from the NSW Government to act on the issue this year.
Advocates of the proposed changes say they will bring medicinal cannabis in line with other prescription medication such as benzodiazepines and opioids.
Nevertheless, the NSW Government has remained generally tightlipped on the matter, with a spokesperson for Roads Minister Jenny Aitchison stating that “the NSW government’s response to the recommendations is still under consideration.”
BRIDGET SAKR OPPOSES PROPOSED CHANGES
Bridget Sakr, the mother of Veronique Sakr, who was tragically killed by a motorist who was under the influence of alcohol and drugs in October 2020, has spoken out against any proposals for the legalisation of driving with the presence of cannabis.
“You should not be driving under the influence of any cannabis, even if it is medicinal,” Bridget stated.
NSW Shadow Transport Minister The Hon Natalie Ward MLC described any commitment by the NSW Government to enact the proposed changes as “surprising”, given the increased road toll and decreased road safety budget”. However, she did not commit to opposing it, stating “I would need to see details of the government’s proposed bill to legalise driving while under the influence of cannabis.”
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of driving with the presence of certain drugs in system, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of driving with the presence of certain drugs in system.