Queensland to introduce new drink and drug driving laws to fix 'loophole'

The Crisafulli government has announced a crackdown on dangerous driving while doubling down on a "zero-tolerance" approach to drug driving, including for medical cannabis users.

Attorney General Deb Frecklington said two new bills will be introduced to parliament which will double the penalties for drink and drug drivers and create tougher consequences for other offences.

"We will be introducing not one, but two bills into the parliament to ensure that people know that if you do the wrong thing on the road, then you will suffer the consequences by putting other people's lives at risk, whether it's dangerous driving, driving with drugs, or endangering people's lives," she said.

The reforms include increasing the maximum penalty for motor vehicle offences which result in death or grievous bodily harm from 16 years to 25 years, increasing minimum licence disqualification periods, and expanding mandatory imprisonment requirements for serious and repeat dangerous driving offenders.

Ms Frecklington said the reforms were "fixing a loophole" which now meant meth found in the system of dangerous driving offenders would be considered an aggravating factor, without having to prove the meth affected the driving.

"The fact that you are driving with meth in your system, that is now enough to prove that is a circumstance of aggravation," she said.

The announcement on Friday also included other reforms to be introduced on December 1, 2026 including:

Doubled penalties for drug driving, with higher fines and longer licence disqualifications.

Stronger penalties for combined drink and drug offences, targeting a growing and highly dangerous behaviour.

Minimum court-imposed fines to ensure penalties match the seriousness of offences.

Immediate six-month licence suspensions for drivers caught more than 40km/h over the speed limit.

Improved seatbelt enforcement, allowing drivers to nominate adult passengers so the right person is held accountable.

Transport Minister Brent Mickelberg reiterated the state would take a zero-tolerance approach to drug driving, including for people with medicinal marijuana prescriptions.

"Rather than weakening the drug driving laws like other states have chosen to do so, we will be strengthening the provisions in relation to those who choose to drive with a drug in their system," he said.

He referred to a Queensland drug driving review, which found there were limitations to impairment testing options.

New South Wales has recently introduced drug driving reforms that would exempt drivers who have a prescription and are found to have less than 50 nanograms per millilitre of THC in their system.

Tasmania and Victoria also have provisions for people with prescriptions.

Former magistrate and Dean of Law at Southern Cross University David Heilpern said the stance was "extremely disappointing".

"What we're seeing is Queensland is out of touch with the rest of Australia," he said.

"There is absolutely no evidence that medicinal cannabis users, using consistently within their prescription, have increased road trauma anywhere."

He said the hard-line approach meant Queenslanders with prescriptions either "run the gauntlet" or did not use their medication because they were too afraid of drug driving laws.

"Instead [they] use their opioids or their benzodiazepines … all of which is shown to increase road trauma," he said.

Medical body backs continued ban

In a statement, the Australian Medical Association's Queensland (AMAQ) branch said it supported "a continued ban on driving for any patients using medicinal cannabis".

"The industry is under-regulated and concentrations of THC (tetrahydrocannabinol) in products vary significantly," AMAQ president Erica Gannon said.

"Doctors regularly prescribe medication that is not compatible with driving vehicles, and medicinal cannabis is one of them.

"We urge any patients taking medicinal cannabis who need to drive to discuss alternative treatment options with their regular general practitioner (GP)."

Associate Professor Gannon, an emergency physician, described road trauma as a "significant driver of emergency department presentations".

"Queenslanders must be discouraged from behaviour that could lead to serious harm to themselves or others," she said.

"Increased penalties are therefore appropriate deterrents. However, drug use is a health issue, and punitive measures alone will not reduce its occurrence in the community."

Professor Gannon said recent changes to drug diversion laws meant only first-time offenders "will get the option of support and treatment".

"People caught for a second or third time are often dealing with significant substance use issues," she said.

"Making them face higher fines and potentially jail time is not supported by science, does not work and will not address their underlying health needs."

The AMAQ called on the Crisafulli Government to reinstate "evidence-backed harm reduction" measures, such as drug diversion and pill-testing.

"These initiatives are opportunities to educate patients about substance use and help inform better choices," Professor Gannon said.

The announcement comes ahead of the winter school holidays, where police will be running a high-visibility operation.

Queensland Police Assistant Commissioner Rhys Wildman said the road toll in Queensland had surpassed 150 for the year.

"The rippling effect through our families and broader through the community itself has far-reaching consequences," he said.

He said that through 1.25 million random breath tests police had detected 8,000 more impaired drivers than in previous years.

He urged all motorists, especially anyone driving long distances for the holidays, to abide by the road rules.

"We want to make sure people get to their destination safely," he said.