The topic: Need for legislation, national limit and roadside testing devices in face of national marijuana legalization
What’s new: Ministers from Newfoundland and Labrador addressed the need for improved road-side policing mechanisms in light of the pending national legalization of recreational marijuana, according to provincial briefing notes from the Department of Service Newfoundland.
Why it’s important: The provincial representatives agree that the legalization of marijuana will increase risk to public safety and road safety. This means an appropriate amount of time and new tools and regulations will be necessary to make changes and ensure the safety of its residents.
RCMP and Newfoundland Constabulary Officers currently only have Standard Field Sobriety Test and Drug Recognition Experts as their means of detecting and addressing inebriated driving, according to the document. Both of these methods were established in the 1970s and have since been only slightly changed.
Standard Field Sobriety Tests include exercises such as the Horizontal Gaze Nystagmus (where the subject visually follows the officer’s finger from left to right), the walk-and-turn test and the one-leg stand test, according to the RCMP website.
Drug Recognition Experts (DREs) are trained to detect inebriation in subjects through various tests in addition to the Standard Field Sobriety Test methods, according to the RCMP. These include the use of a breathalyzer (only appropriate for alcohol level detection), what the person looks like, what the person says and ultimately the opinion of the DRE. Some mildly invasive tests are recommended, such as a darkroom examination of pupil size, blood pressure, temperature and pulse reading, however these are now rarely used.
According to the Newfoundland Ministers, these testing methods are not sufficient for cannabis detection and there is a resulting need for the recognition and implementation of a legal limit as well as investment in research and development for a reliable tool for testing drug impairment by the side of the road.
In addition to new testing devices, there is a need for amendment to the Criminal Code of Canada, which currently has alcohol and cannabis under the same umbrella term “impaired driving”. Newfoundland recognizes the need for discrepancy between the two, as well as the cascading implications this will have for the police and public.
The document addresses the need for different policing tools and techniques for alcohol and cannabis impaired driving, while drawing parallels between the dangers of impaired driving.
It states that both alcohol and cannabis contribute to poorer lane tracking, greater variability in steering, an increased need for adjustments and slower reaction times. Divided attention and decision making abilities are also outlined as being negatively impacted by both substances.
In addition to increase police training, the provincial departments intend to adjust driver education programs and counselling programs to incorporate material that covers cannabis and its related risks and regulations.
What the government says: Paula Walsh, Newfoundland’s Assistant Deputy Minister for Public Safety and Enforcement declined to comment on new roadside education programs, but says she is not sure what kind of roadside testing device to expect. “In order to be able to determine a certain level of alcohol impairment, there’s a method of being able to use a breathalyzer to determine whether the individual is over the legal limit. It would be helpful to have a similar method for marijuana,” Walsh says.
The province has requested six to twelve months to make changes to provincial legislation to support anticipated amendments to the Criminal Code and to train more police officers to detect cannabis intoxication in drivers.
What others say: According to a study released by Mothers Against Drunk Driving, Marijuana is primarily detected according to THC levels, which can be measured through blood, urine and oral fluid samples.
All three of these would be more invasive than any other road side sobriety test currently implemented in the country, however the oral fluid detection method would be the least invasive of the three and most similar to the existing breathalyzer which tests for blood-alcohol levels. The oral-fluid testing device involves the insertion of a device into the mouth which collects saliva. The saliva is then tested for THC presence and levels. Canadian police are currently testing these devices across the country.
What’s next: The Liberal Government recently announced that legislation will be released this month and national legalization of recreational marijuana will be in effect by July 2018. Newfoundland’s input was directed towards the federal Marijuana Task Force that has been in effect and collecting data since December of last year. The new marijuana legislation will stem primarily from the findings of this task force. Newfoundland ministers hope this will include guidelines for roadside safety regulations and accurate intoxication testing devices.