TAIPEI (Taiwan News) — The transportation ministry is proposing that individuals who have used cannabis abroad and later test positive after returning to Taiwan could have their driver’s licenses suspended or revoked.
The Ministry of Transportation and Communications is proposing amendments to traffic laws that would expand penalties for drug use and drug-impaired driving, per CNA. Proposed amendments include increasing the penalty for drug-impaired driving from a one- to two-year license suspension to license revocation with a three-year ban on reapplying.
Under the proposal, penalties would not be based solely on overseas marijuana use. Instead, they would be triggered when Taiwan police stop a driver, detect drug use, and report the case through an automated notification system, per UDN.
Individuals who use Category 1 or 2 narcotics would lose their licenses even if not caught driving, while Category 3 or 4 users would face suspension. The ministry also plans higher fines for first-time and repeat drug-driving offenses and new penalties for passengers aged 18 or older who knowingly ride with an impaired driver.
The MOTC would establish a licensing management system for drug users and offenders. Those affected would need to complete rehabilitation treatment or drug education courses and remain drug-free for a specified period before regaining driving privileges.
Transportation Minister Chen Shih-kai (陳世凱) said Tuesday that passengers who knowingly ride with drug-impaired drivers should share responsibility and could face fines of up to NT$15,000, CNA reported. He also said fines would rise from NT$30,000 to NT$120,000 for cars and from NT$15,000 to NT$90,000 for scooters.
The amendments are expected to be submitted to the Cabinet this month, with implementation targeted by the end of the year.
Under Article 5, Paragraph 8 of the Criminal Code, drug offenses committed abroad remain subject to Taiwanese law, though personal use and possession are exempt. Marijuana remains a Category 2 narcotic in Taiwan.
Because marijuana laws vary from country to country, questions have arisen about how authorities would handle cases involving people who legally used cannabis overseas before returning to Taiwan. Since marijuana can remain detectable in the body longer than many other drugs, travelers could still test positive after returning home.
MOTC Department of Public Transportation and Supervision specialist Michael Chao (趙晉緯) said, “Many activities may be legal abroad, but if they are illegal in Taiwan, people must comply with Taiwanese law,” per CNA. He said the proposal is intended as a preventive measure rather than a criminal punishment.
Chao said the Road Traffic Management and Penalty Act operates separately from the Criminal Code. He said authorities generally would proceed with the administrative penalties unless police can verify that the drug use occurred entirely overseas. If the police determine that the use took place outside Taiwan's jurisdiction and do not submit a report, the transportation ministry will not take action.
