18/03/2026
Getting caught with cannabis in your system during a road-side alcohol and drug test in New Zealand (as of the rollout in late 2025/2026) leads to immediate driving prohibitions and potential infringements if laboratory tests confirm the presence of THC.
Immediate Consequences (Roadside)
Two Positive Saliva Tests: If you test positive on the initial saliva swab (for THC) and a second follow-up test, you will be immediately forbidden to drive for 12 hours.
RNZ
RNZ
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Sample Collection: A further saliva sample will be taken and sent to a lab for confirmation.
NZ Drug Foundation
NZ Drug Foundation
Refusal: Refusing to take the test results in an immediate 12-hour ban, a $400 fine, and 75 demerit points.
Long-Term Consequences (Following Lab Confirmation)
If the laboratory confirms the presence of THC in your saliva above the legal threshold (15 ng/mL), you will be issued an infringement notice.
Penalties for a first/second offense typically include:
$200 fine.
50 demerit points.
Medical Cannabis Exceptions
If you are a medicinal cannabis patient and test positive, you may present a "medical defence" to avoid the fine and demerit points after the fact. However, this does not stop the 12-hour driving ban at the roadside.
High-Risk Offences (Blood Test)
If police believe you are impaired and require a blood test instead of just a saliva test, or if you cause injury/death, the penalties are much harsher, potentially including:
A minimum 6-month licence disqualification.
Up to 3 months in prison or a $4,500 fine for high-level drug offences.
Up to 10 years in prison for causing death while drug-impaired.
Community Law - Free Legal Help throughout New Zealand
Note: The new laws allow for testing "anytime, anywhere" and are currently being rolled out nationwide by mid-2026.
New Zealand Police
New Zealand Police
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