According to current regulations, drivers found operating a vehicle under the influence of psychoactive substances (PAS) face a prison sentence ranging from 15 to 60 days. Young and novice drivers are currently subject to fines for the same offense, but if the proposed amendments to the Traffic Safety Law are approved, they too could face imprisonment in the future.

This information was shared with “Vijesti” by the Police Directorate.

The public was invited to participate in a debate regarding the Draft Law on Amendments to the Law on Road Traffic Safety, which was announced on April 11 and lasted for 30 days, allowing interested parties to submit their suggestions and comments. However, the report from this public debate has not yet been released.

The draft amendments, as stated by the Police Directorate led by Lazar Šćepanović, do not introduce significant changes to how psychoactive substances are identified or the penalties associated with this offense.

They indicated that the upcoming changes will specifically target the penalties for young and novice drivers caught under the influence of psychoactive substances while driving.

“No significant changes are expected in terms of identifying psychoactive substances or the penal policy for this offense, apart from eliminating fines for young and novice drivers caught driving under the influence. Instead, this will be classified as a purely prison sentence,” the Police Directorate informed “Vijesti”.

Presently, individuals driving under the influence of psychoactive substances are strictly penalized with a prison sentence ranging from 15 to 60 days. In contrast, young and novice drivers face fines between 60 and 200 euros for the same offense.

Between January and May 2025, the Police Directorate reported that 1,405 drivers were tested for PAS, with nearly half (668) testing positive.

The most frequently detected psychoactive substances among drivers include cannabis and cocaine, according to police reports.

The Montenegrin police utilize a single type of test for determining PAS presence in drivers—the “Dreger” brand drug test.

In 2023, “Vijesti” reported that Police Department officers employed the “Dreger” drug test 3,000 times to check drivers for PAS.

The test uses oral fluid (saliva) as a sample, provides results in a matter of minutes, and can detect multiple classes of substances simultaneously.

Depending on the version, it can identify up to seven classes of substances, including cocaine, opiates, amphetamine, methamphetamine/synthetic drugs (e.g., ecstasy, MDMA), benzodiazepines (common in medications), oxycodone, and cannabis (THC), as noted on the manufacturer’s website.

They further explain that among these categories, cannabis is the most commonly used and hardest to detect, so the device has options optimized for THC detection:

“Depending on the selected waiting time (pre-incubation) for the test, there is a faster option with a higher THC threshold and a more sensitive option with a lower THC threshold.”

The “Dreger” drug test also includes a version 5.000, wherein the detection limits for cocaine and cannabis are set at 20 nanograms per milliliter for cocaine and 5, 10, and 25 nanograms per milliliter for cannabis.

Under both current regulations and the proposed amendments to the Traffic Safety Law, Montenegro allows no threshold for PAS presence; unlike alcohol, which has defined legal limits:

“Contrary to alcohol, which is measured by percentages, the presence of psychoactive substances is not legally quantified in percentages; rather, it simply identifies the presence or absence in the body,” the Police Directorate explained, emphasizing that “any presence of psychoactive substances can impair a driver’s ability to safely operate a vehicle.”

After appeals, fines, and stricter measures

Since January of this year, the Budva Minor Offences Court has imposed 295 fines related to PAS presence among drivers. According to Court President Marko Đukanović, 48 appeals were filed against these rulings. Of those, 47 cases have been resolved:

“A total of 40 cases were upheld, six were modified, and one was revoked. In terms of the modified rulings, in four instances the costs of proceedings were adjusted, in one instance the fine was increased, and in another case, a fine was converted to a prison sentence. One case was overturned due to a significant procedural breach,” he shared with “Vijesti”.

A similar inquiry was made to the Minor Offences Court in Podgorica, but officials were unable to provide the requested information:

“This Court lacks data records classified by law articles, and the PRIS (Judicial Information System) has only just been implemented here. This means not all information is recorded in the system yet, particularly regarding cases completed prior to PRIS implementation. Consequently, despite our commitment to providing accurate and objective information, we regret to inform you that we cannot furnish the requested data.”

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