Taiwan proposes to withdraw driving licenses for cannabis use abroad

Taiwan could soon revoke the driving licenses of those convicted of using the drug cannabis abroad, even if such consumption was legal in the country concerned.

The proposal, announced by Taiwan's Ministry of Transport and Communications (MOTC), is part of a wider initiative to tighten penalties for driving under the influence of drugs, following several high-profile road accidents involving narcotics.

Under proposed amendments to Taiwan's Road Traffic Management and Penalties Act, authorities would have new powers to suspend or withdraw licenses based on evidence of drug use, whether or not the person has been caught driving under the influence of drugs.

This measure has attracted attention because it could affect Taiwanese citizens and residents who legally consume cannabis while traveling in countries where recreational or medical use is authorized, such as of what's already been done in South Korea.

Cannabis remains a category 2 narcotic in Taiwan

Despite the growing number of jurisdictions worldwide that have legalized or regulated cannabis, Taiwan maintains a strict prohibitionist approach. Under the country's Narcotics Risk Prevention Act, cannabis is classified as a Category 2 narcotic, and its use is subject to severe criminal penalties.

Possession, consumption, cultivation and transportation of cannabis products remain illegal in Taiwan. The bill aims to extend the practical consequences of this prohibition by targeting people returning from abroad with detectable traces of cannabis in their system.

According to Tsao Chin-wei, a senior official at the Ministry of Transport and Communications (MOTC), Taiwanese citizens must continue to comply with national legislation, whether or not the substance is legal in another country.

Questions were raised as to how the government intended to deal with cases of legal consumption abroad. Mr. Tsao indicated that administrative sanctions would only be applied if the Taiwanese police confirmed drug consumption and reported the case via an inter-agency notification system. If the authorities can verify that the consumption took place entirely outside Taiwan's jurisdiction and choose not to file such a report, the transport authorities would not proceed to suspend or revoke the driver's license.

Tougher penalties for driving under the influence of drugs

The proposed changes go beyond cannabis and would also apply to users of other controlled substances. People convicted of using category 1 or 2 drugs could have their driving licenses withdrawn, even if they have not been caught driving. A proposal reminiscent of Laurent Nuñez's, our current Minister of the Interior.

For substances classified as category 3 or 4 narcotics, the authorities would be able to suspend driver's licenses instead.

Taiwan is also planning to significantly increase penalties for motorists caught driving under the influence of drugs. Current license suspensions of one to two years would be replaced by total revocation, accompanied by a three-year ban on applying for a new license.

Financial penalties would also increase significantly. Car drivers could face fines of up to 120,000 NT$ (approx. €4,000), while motorcyclists could be fined up to 90,000 NT$ (approx. €3,000). Adult passengers who knowingly travel with a driver under the influence of drugs could also be subject to financial penalties.

The authorities are also considering whether vehicles involved in drug-driving cases should be confiscated.

The proposed amendments are expected to be submitted to Taiwan's Executive Yuan before being considered by the legislature. The government hopes that these new measures can be adopted and come into force before the end of 2026.