15 March 2023
The laws on drug driving in New Zealand have changed – the messaging below from Manatū Hauora’s communications team is to help answer potential questions you may get from clients:
• The laws around driving after taking certain prescription medicines or illicit drugs changed on 11 March 2023. For more info: New drug driving legislation | New Zealand Police
• Over the past few years, there’s been a rise in impairing drugs found in drivers involved in crashes that resulted in injury or death.
• 25 prescription medicines and illicit drugs that have the highest risk of impairing the ability to drive safely have been ring-fenced by law, and drug concentration levels introduced that enable additional enforcement measures and penalties.
• You should continue to take your medicine/s as prescribed but never drive if you are impaired. If you take your prescription medicine/s as prescribed by your health practitioner –you will likely be driving within the legal limit.
• If you take a quantity above what’s been prescribed, use illicit drugs, and/or alcohol, your impairment is likely to be enhanced and you may be prosecuted under the new law.
• It may be possible if you have a high tolerance to a certain medicine (ie. you have been taking the medicine for a long period of time and/or are taking a higher dose) that you could record a positive blood test result but may not be driving impaired. In this instance, you could apply for a medical defence, see: Medical defence | New Zealand Police
• For more info see Medsafe: Medsafe Safety Communication. Talk to your healthcare provider if you feel your prescription medicine is affecting your driving. If you have a problem with your drug use, contact the Alcohol and Drug helpline on 0800 787 797.
More information
• The legislation for drug driving is the Land Transport Act (Drug Driving) Amendment Act 2022, which is part of the Land Transport Act (LTA) 1998.
• 21 are prescription medicines and four are illicit drugs - THC (cannabis), cocaine, methamphetamine, and MDMA. The list is here: Land Transport (Drug Driving) Amendment Act 2022 No 5, Public Act Schedule 2 New Schedule 5 inserted – New Zealand Legislation
• There is no legal requirement to carry a copy of your prescription. You don’t need to check your medicine/s with your health practitioner, but you may want to see if you are taking a listed medicine. If you’re unsure, talk to your health practitioner or call Healthline on 0800 358 5453.
• You may be stopped at random or if your driving is cause for suspicion. You will likely be asked to complete a compulsory impairment test (behavioural test at the roadside). If you fail this, a blood test will be taken by a health practitioner.
• The blood sample will confirm whether the blood concentration exceeds the tolerance or high-risk level. A positive result for a tolerance level is an infringement, and the high-risk level a criminal offence.
Q&As
Why is this legislation needed?
Over the past few years, there’s been a rise in the presence of impairing drugs in drivers involved in crashes that resulted in injury or death. There are 25 prescription medicines and illicit drugs included as part of the law change as they have the highest risk to road safety.
What are the 25 prescription medicines and illicit drugs?
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.
Who will be impacted by the new drug driving legislation?
It is already illegal to drive while impaired. The new legislation applies to people with an increased risk of impaired driving if they have not taken their medicine/s as prescribed, have also consumed alcohol, and/or have taken illicit drugs.
You have a responsibility to understand the medicine/s you are taking and if it impacts your driving ability. Talk to your health practitioner/dispenser who can answer any questions.
Do I need to check my medication with my doctor? Do I need to carry a prescription? No, you don’t need to check with your health practitioner, but you may want to check the list to see if you are taking any of the listed prescription medicines. If you take your prescription medicine/s as prescribed – you will likely be driving within the legal limit.
If I fail the roadside test, what happens next?
If you fail the compulsory impairment test (a behavioural test at the roadside), you will be asked to complete a blood test (taken by a health practitioner). Depending on the results, you may be liable for an offence and will likely not be able to drive for a 12-hour period.
The blood analysis process varies. It can take three days for alcohol; 3-15 days when alcohol and/or listed qualifying drugs/medicines are tested; 15-30 days when listed and unlisted qualifying drugs/medicines are tested (ie, a full screen of all drugs).
What is the medical defence?
A medical defence is available for a person prescribed prescription medicine/s when they want to dispute an infringement. You will be required to provide evidence that you have a current valid prescription for the medicine/s that were tested positive for; and you have followed any instructions from a health practitioner, prescriber or the manufacturer.
How do I apply for a medical defence?
You can apply via the Police Infringement Bureau: Medical defence | New Zealand Police.
What’s the difference between high risk and tolerance levels?
New blood testing processes that previously tested for the presence of the listed qualifying drug/s, will now test for a quantitative level to determine any enforcement action. A positive result for a tolerance level is an infringement, and the high-risk level a criminal offence.
Are these prescription medicines and illicit drugs new to legislation?
23 of the 25 are already in legislation (Misuse of Drugs Act). The list of 25 relate to the Land Transport Act (Drug Driving) Amendment Act which have been pulled together into a new Schedule, with two new drugs being added (tramadol and zopiclone).
How were the levels set?
The levels were determined by the Independent Expert Panel on Drug Driving which based its recommendations on the experiences of drivers in New Zealand, its interpretation of the scientific literature, and consideration of statutory limits set by other countries.
What does this mean for people taking medicinal cannabis?
If you are prescribed a medicinal cannabis product that is psychoactive and contains THC, you may be advised not to drive after consumption.