Home > Advice & Services > Drugs and alcohol > Updates to drug driving legislation

Updates to drug driving legislation

New roadside drug driving testing

stop sign

In March 2023, legislative changes to the Land Transport Act 1998 through Land Transport (Drug Driving) Amendment Act 2022 enabled Police to test drivers who have used qualifying drugs that impair their ability to drive safely. They included new illegal limits with lower limits for infringements, and tougher penalties for drivers found to be driving impaired.

More recently, the Land Transport (Drug Driving) Amendment Act 2025 made further amendments to the Land Transport Act 1998 to enable New Zealand Police to rollout roadside drug driving testing – joining Australia, United Kingdom and many European countries.

Why has this change been made?

Anyone that drives on our roads, should get to their destination safely. We want safer roads for everyone.

The new law helps to deter and detect drug-driving after the use of qualifying drug(s) that can impact the safety of everyone on our roads.

Impairing drugs in fatal crashes now about equal to alcohol

Over the past few years, there has been a consistent rise in the presence of impairing drugs in driver’s blood in fatal crashes which is now generally about equal to alcohol, having more than doubled since 2015. Between 2019 and 2023, drivers in 33.8% of fatal crashes were found to have the presence of drugs – nearly a third of all road fatalities that year.

What does this mean for drivers?

Changes to the law mean Police will be able to stop any motor vehicle anywhere at any time to screen a driver’s saliva for the presence of qualifying drugs (at a level that indicates that drug has recently been used).

What’s not changed?

It’s already illegal to drive while impaired.

What’s changing?

The legislation has been updated to enable Police to conduct roadside drug testing of oral fluid (saliva).

Testing positive for drug(s) at the roadside, results in a saliva sample being collected from the driver and sent to a laboratory for testing. If the laboratory sample is positive, the driver will be issued with an infringement notice, which includes a fine and licence demerit points.

A driver can also have an additional saliva sample taken at roadside if they wish, which is known as an elective sample. If an infringement is issued for the presence of drugs, the driver can have the elective sample sent for private laboratory analysis at their own cost.

New drug-driving limits

The introduction of tolerance and high-risk blood concentration levels for each of the listed qualifying drugs in Schedule 5 were made with the Land Transport (Drug Driving) Amendment Act 2022.

Thresholds have now been established for each of the listed qualifying drugs in Schedule 5, specifically for saliva. Each drug threshold set is indicative of recent use of that drug.

You can find out more about these thresholds here.

Combination offences

Combination offences have been introduced for drivers who have tested positive for both drugs (in oral fluid) and alcohol. Penalties for combination offences are usually higher to reflect the higher crash risk.

Implementing roadside driving testing

stop sign

Roadside drug driving testing is a key tool that we want to use against drug driving. It compliments other standard policing tools Police use for impaired driving, such as alcohol testing and behavioural testing for impairment when there is suspicion a driver has consumed drugs.

From December 2025, Police began testing drivers in the Wellington region which will expand across New Zealand with all regions expected to be roadside drug testing by mid-2026.

The goal of the legislation is to detect and deter drug-driving that potentially impacts the safety of everyone on our roads.

Partnering agencies are working together on implementing road safety strategy and ultimately, we want to reduce the number of deaths and serious injuries that happens on our roads causing devastation to families and whānau.

How roadside drug testing works

Police will start screening for four drugs at the roadside which include THC (cannabis), methamphetamine (meth), MDMA (ecstasy), and cocaine by the driver wiping the device’s pads down their tongue.

This means that when a driver undertakes the drug screening test, it will only return positive results if THC (cannabis), methamphetamine (meth), MDMA (ecstasy), or cocaine are detected at the threshold built into the device.

If the drug screening test detects a drug(s), the driver must:

  1. Provide a saliva sample by holding an absorbent collection pad under their tongue. The saliva sample is sent for laboratory testing.
  2. A driver may elect to provide a separate saliva sample for their own laboratory analysis (at their own cost). 
  3. Complete a second drug screening test (just like the first).

If the second drug screening test is also positive the driver is forbidden to drive for 12 hours. If the second drug screening test is negative the driver is free to go (as long as any other outstanding Police procedures are completed). The saliva sample will still be sent for laboratory testing.

While roadside drug testing screens for the presence of these four drugs, the saliva sample collected for laboratory analysis will be tested for all of the 25 drugs listed in Schedule 5 of the Land Transport Act 1998.

However, unless a driver tests positive for THC (cannabis), methamphetamine (meth), MDMA (ecstasy), or cocaine at the roadside, they will not be required to provide a saliva sample for laboratory analysis.

Listed qualifying drugs (what’s included)

Listed qualifying drugs in Schedule 5 of the Land Transport (Drug Driving) Amendment Act include: alprazolam, amphetamine, buprenorphine, clonazepam, cocaine, codeine, diazepam, dihydrocodeine, fentanyl, GHB, ketamine, lorazepam, MDMA, methadone, methamphetamine, midazolam, morphine, nitrazepam, oxazepam, oxycodone, temazepam, THC (cannabis), tramadol, triazolam, and zopiclone.

Prescription drugs must be taken in line with a current prescription and within the advice from the health practitioner prescribing. Remember to check with the person giving you your medicine that it is OK to drive. Check the label on the medicine to see if there is a warning.

Drug thresholds for saliva

Each drug threshold for saliva testing has been set after considering current scientific evidence, including drug concentrations reported in oral fluid and blood after recent use, the time period of likely impairment and the length of time required to eliminate the drug from the oral fluid.

The drug thresholds for saliva are indicative of recent use of the respective drug and are set to exclude past use and passive or accidental exposure. They are different than the limits for blood.

You can find out more about the thresholds here.

Confirmatory testing in a laboratory before an infringement is issued

Results from laboratory analysis of a saliva sample determines if an infringement is issued.

The test confirms if the presence of drugs found in the oral fluid sample provided is at a level that is indicative of recent use.

Whether you consumed one or more qualifying drug, and mixed drugs and alcohol together – will determine the offence that applies. The more you consume, the higher the risk and penalty.

One listed qualifying drug detected (at or above the laboratory threshold)

$200 and 50 demerit points

Two or more listed qualifying drugs detected (at or above the laboratory threshold)

$400 and 75 demerit points

Combination offences (including alcohol and drugs) have different penalties.

Refusing to comply with roadside drug driving procedures will result in an infringement notice issued at the roadside that includes a $400 fine, 75 licence demerit points, as well as being forbidden to drive for 12 hours.

When would a roadside drug screening test be conducted?

Roadside drug testing can happen anywhere, anytime. The law enables police to test a driver at any point, without having cause to suspect they have consumed drugs.

When would a blood test be conducted?

Following roadside drug testing, a blood test may be required when a driver has been involved in a crash or an incident involving a motor vehicle and has two positive drug screening tests. If a driver is unable to provide sufficient saliva for a test or sample, they may be required to provide a blood sample instead.

A blood test can also be taken when a compulsory impairment test (CIT) is not satisfactorily completed or following hospitalisation where a driver has been involved in a crash or an incident involving a motor vehicle.

There is no option to elect a blood test when undergoing a roadside drug screening test.

If drugs are detected in a blood test, it could result in an infringement or criminal charge depending on the drug-blood concentration found by laboratory analysis.

What’s a CIT test?

A compulsory impairment test (CIT) is a behavioural test undertaken by a specially trained police officer to assess impairment. It comprises eye, walk and turn, and 1-leg-stand assessments.

Definitions

  • Drugs
    Where the term ‘drug’ is used it is referencing all qualifying drugs, which includes prescription medicines and illicit drugs in Schedule 5 of the Land Transport Act 1998.
  • Qualifying drug: listed or unlisted
    Qualifying drugs refers to controlled substances and prescription medicines. The new drug driving law classifies qualifying drugs as either listed or unlisted qualifying drugs.

    Listed qualifying drugs are the 21 prescription medicines and four illicit drugs found in Schedule 5, all other drugs are unlisted qualifying drugs

Questions and Answers

What legislation deals with drug driving?

The legislation for drug driving is the Land Transport Act (Drug Driving) Amendment Act 2022 and 2025, which are part of the Land Transport Act (LTA) 1998.
 

Who does this legislation impact?

This legislation and any subsequent enforcement will apply to people who have recently consumed a qualifying drug, and/or have mixed with other qualifying drugs or alcohol.

You have a responsibility to understand the medicine/s you are taking and if it impacts your driving ability.

Why were these medicines/drugs chosen?

The prescription medicines and illicit drugs in Schedule 5 have been identified as having the highest risk to impairment and road safety in New Zealand.

What happens if I’m using medicines/drugs over the limit and drive?

If you undergo a roadside drug screening test and test positive for THC (cannabis), methamphetamine, MDMA, or cocaine, and subsequently test positive in the laboratory for one or more listed qualifying drugs, you will receive an infringement notice.

Alternatively, if you are pulled over for driving suspiciously and/or if drug impairment is suspected, you will likely be asked to complete a compulsory impairment test (a behavioural test at the side of the road). If you fail this, a blood test would be taken by a health practitioner.

The blood test analysis would determine any enforcement action if you have driven after consuming a qualifying drug or drugs, and/or alcohol over the legal limits.

I take prescription medicine. Do I need to be worried about the new law?

It is against the law to drive while impaired by taking any impairing substance (including prescription medicines and over the counter and pharmacist-only medicines).

You should take your prescription medicines as prescribed by your health practitioner. Remember to check with the practitioner giving you your medicine that it is OK to drive. Check the label on the medicine to see if there is a warning.

If you take a quantity above what has been prescribed or mix drugs or prescription medicines in combination with each other, or with alcohol, the level of impairment is likely to be enhanced. Remember to always drive safely – drugs and driving don’t mix.

ADHD medicines:

You will not test positive for ADHD prescription medicines at the roadside using a drug screening test. The four drugs being tested for at the roadside are: THC (cannabis), methamphetamine (meth), MDMA (ecstasy), and cocaine. The roadside device does not test for amphetamine; and will not cross-react with any ADHD medicines.

Methylphenidate is not tested for at the roadside or in the laboratory.

If I took a medicine/drug last night, how do I know it’s worn off enough to drive?

As with alcohol, drug metabolism varies significantly between individuals based on factors such as dosage, frequency of use, and personal physiology. For this reason, Police cannot advise how long after taking a substance it is safe to drive.

A positive result for a drug(s) in saliva (above the set threshold) is indicative of recent drug use, rather than historical use, passive, or accidental exposure that is unlikely to cause impairment.

What’s a medical defence?

A medical defence is available for prescription medicines where drivers can demonstrate they have taken the prescribed medicine in accordance with their current prescription, and any instructions from a health practitioner or from the manufacturer. A medical defence is not available at the roadside. Visit the medical defence page to learn more.

Key links