Within a matter of weeks, drug tests on the road will begin to be conducted in Wellington. They are expected to reach all areas by mid-2026. It is a risk for those who use medical cannabis, even with prescriptions.
NZ’s parliament passed the law allowing for random drug tests to be conducted by police on roads in its final and third reading in March.
This saliva screening test detects the presence of marijuana (THC), cocaine, methamphetamine or MDMA. A driver who tests positive will be required to undergo a second test. The driver is banned from driving 12 hours if the second test also comes back positive. Another saliva sample will be tested at a lab for the presence of any one of 25 substances. The driver is then issued a notice of infringement, which includes demerit and fine points.
A laboratory test that detects one drug results in a notice of infringement containing a fine of $200 and 50 demerit point. If two or more drugs have been detected in the saliva, an offence will be reported, with a fine of $400 and 75 demerit point. The refusal to give a saliva test is an offense that carries a fine of $400.
NZ’s current law, unlike Australia, provides medical defense against infringement notices for those who use medical cannabis with a prescribed. However, the medical defence is not immediately applicable at the roadside. This means that a driver who has been impacted by a traffic accident can still be ordered to refrain from driving for 12 hours.
THC is detectable long after consumption and can cause impairment. THC may stay within the body as long as three days for some, and up to two weeks in others. The Police’s website only allows you to apply for medical defense after receiving a notice of infringement. Cannabidiol preparations (CBDs) may also contain trace amounts of THC.
New Zealand’s Drug Foundation compiled this information for further details. comprehensive guide on New Zealand’s roadside drug testingThis article mentions that NZ Police have operational discussions on how medical defence is handled.
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New Zealanders have increasingly embraced legal access to medicines since the Medicinal Cannabis Scheme in New Zealand was implemented fully in 2020. New Zealand Drug Trends Survey, 2024 showed that 37% of medical marijuana users were on prescription. This is up from only 9% in 2022/23.