Ahead of the October legalization of recreational cannabis the Liberal government has approved the first roadside testing device aimed at identifying drivers who are impaired by cannabis.
A swab of your saliva from the inside of your cheek is all the police will need to confirm or deny their suspicion. The problem is that the device only detects the presence of cannabis and not the amount in the person’s system. This will open responsible cannabis users up to unwarranted investigation and prosecution.
We know that the government has mandated a certain level of blood alcohol concentration as criminal. The roadside test for alcohol measures blood alcohol concentration and not merely the presence of alcohol because the presence of alcohol in a driver is not in and of itself illegal.
The roadside drug testing device is not the same. Simply, it measures for the presence of THC and not the amount in the subject’s system. It casts too wide a net and will undoubtedly subject non-impaired drivers to further detention by the police, further testing and the possibility of unwarranted criminal charges.
Given that the new testing device can register a positive for cannabis up to 6 hours old, it is an unreliable tool for assessing impairment.
Legalization of cannabis is a good thing. The elimination of drug-impaired drivers on the road is a good thing. The manner in which the government intends to go about it is potentially very harmful and ineffective. People’s lives will be ruined as a result of this government’s attempt to look tough on impaired driving in an era of legal cannabis.
If you or someone you know is a victim of the new roadside testing procedure, call us and we will fight to ensure that a public relations mess does not ruin your life.
Read CBC the Article Here: https://www.cbc.ca/news/politics/cannabis-marijuana-saliva-roadside-test-thc-drager-1.4801147
By: Nick Cake | Contact Us Today (519) 902-7487 or Info@Millarslaw.com