MOTC Proposes License Revocation for Cannabis Use Abroad After Police Notification

(Central News Agency, reporter Huang Chiao-wen, Taipei, June 3) Amid frequent incidents of drug-impaired driving, the Ministry of Transportation and Communications (MOTC) is planning to amend laws to impose stricter penalties. Cannabis is classified as a Category II drug. If a person uses it abroad recently and returns to Taiwan with residual traces in their body, and the police confirm the use and report it, the amended law will allow for license revocation. In addition to increasing fines for drug-driving, the feasibility of immediate vehicle confiscation is also being studied.

The MOTC is promoting stricter measures against drug-driving. Key amendments include: for driving under the influence of drugs, the penalty will be upgraded from a 1-2 year license suspension to license revocation with a 3-year ban on reapplication; for users of Category I and II drugs, even without driving, their licenses will be revoked and reapplication restricted; for users of Category III and IV drugs, licenses will be suspended; fines for first-time and repeat drug-driving offenses will be increased; and new penalties will be established for passengers aged 18 or older who knowingly ride with a drug-impaired driver.

Furthermore, the MOTC will establish a driving qualification management system for drug-impaired drivers and drug users. Those subject to license suspension or revocation must complete drug addiction treatment or drug hazard education courses and remain drug-free for a certain period before they can reapply for or renew their licenses.

MOTC Minister Chen Shih-kai explained some details of the amendment at an event yesterday. In addition to the drug-impaired driver, passengers who knowingly ride with a driver under the influence will bear joint responsibility, facing a maximum fine of NT$15,000. Fines for drug-impaired driving of cars and motorcycles will be increased from the current NT$30,000 and NT$15,000 to NT$120,000 and NT$90,000, respectively. The amendment to the Road Traffic Management and Penalty Act is expected to be submitted to the Executive Yuan in June, followed by review by the Legislative Yuan, with a target of implementation by the end of the year.

MOTC Chief Secretary Shen Hui-hung stated that under Taiwan's law, drug use is illegal. Citizens cannot use drugs as it is a criminal act. Once someone uses drugs and drives, the vehicle can become a murder weapon.

Current Article 5, Paragraph 8 of the Criminal Code stipulates that the Criminal Code of the Republic of China applies to drug crimes committed outside the territory of the Republic of China, except for the use, possession of drugs, seeds, or drug paraphernalia.

As regulations for cannabis vary abroad, how will the law handle cases where a person legally uses cannabis abroad and returns to Taiwan, given that cannabis remains in the body longer than other drugs? Zhao Jinwei, a Specialist of the MOTC's Department of Public Transportation and Supervision, told the media, "Many behaviors are legal abroad, but if they are illegal domestically, you basically have to abide by Taiwan's laws."

Zhao pointed out that this amendment involves preventive license suspension and revocation, stipulating that drug users cannot drive and must go through certain procedures to reapply for a license. "The key point is that these individuals must be stopped and checked by law enforcement officers." Shen also stated that police do not conduct random traffic stops; they only do so if there is suspicious behavior.

Zhao noted that the Road Traffic Management and Penalty Act is administrative law, which has different scopes and targets compared to criminal law. If someone uses cannabis abroad and is stopped and reported for drug use in Taiwan, they will generally be subject to preventive license suspension or revocation under the amended law. "Unless the police can confirm that the use occurred overseas and they do not report it, we will basically not take action."

Zhao said that in the future, when police discover drug use by the public, they will provide data to the MOTC regularly and in batches through a system interface.

Additionally, some members of the public have expressed that while the MOTC's amendment increases fines and license penalties for drug-driving, its deterrent effect on some offenders seems limited. When asked if this amendment would directly lead to vehicle confiscation in drug-driving cases, Zhao stated, "We will study the feasibility of this."

Regarding this amendment, the MOTC stated that driving under the influence of drugs is a serious threat to road traffic safety. The plan to suspend or revoke the licenses of drug users, even without a driving act, is a preventive measure. It is based on the addictive nature of drugs and the fact that users may be in a state of unsafe driving or have impaired行为能力 and cognitive abilities after use. Before treatment, users are at risk of driving unsafely at any time. To protect the public interest in road traffic safety, their driving qualifications should be revoked.

The MOTC pointed out that different countries have their own laws. Behaviors that are legal abroad may not be legal in Taiwan. In principle, upon entering Taiwan, one must abide by its laws. Cannabis is a Category II drug under the Narcotics Hazard Prevention Act. Even if the act of use occurred abroad, if the police confirm the drug use and report it in Taiwan, the offender can be penalized under the amended Road Traffic Management and Penalty Act. (Editor: Wu Surou) 1150603