Impaired driving rules unclear say medical cannabis advocates

However, when it comes to those who use medical cannabis, they believe the rules are still unfair to them and their voices are not being heard.

Robin Hovin is with the Saskatchewan Medical Cannabis Association and told paNOW about a recent incident where he was pulled over for an expired plate on his trailer only to be tested after the officer said he smelled cannabis.

Despite not seeing the oral test results himself, Hovin was told he tested positive and faced a hefty fine.

“Now if I get stopped again, I’m going to lose my license for six months, I’m going to lose my vehicle for 30 days,” he said.

Under the Criminal Code updates from Bill C-46, penalties for driving with THC present in your system can lead to $1,000 for a first offence, 30 days (about four and a half weeks) in prison for a second offence and anywhere from 120 days (about four months) to 10 years for a third offence.

In a statement, SGI told paNOW that while cannabis is legal in the province, there is still a zero-tolerance policy when it comes to any drug use and driving.

“While SGI does not make the laws, we have a mandate to promote traffic safety and our approach is to share credible information with people so they can make informed decisions that will keep them safe and keep them from getting into trouble,” the statement reads.

“Cannabis, much like alcohol or some prescription medications, impairs one’s ability to drive. “Zero tolerance” doesn’t mean someone can never use cannabis, it means that drivers should not get behind the wheel with any level of impairing drugs in their system that is detectable by a federally approved screening device.”

Meanwhile, the Saskatchewan RCMP also released a statement saying that the mandatory screening rules introduced in March apply specifically to alcohol use and that the test officers use is meant to detect if alcohol is present.

“With any prescribed drug with impairing effects, the onus is on the driver to ensure that they are able to safely operate a vehicle,” the RCMP statement reads. “When consuming any impairing drug, individuals should not operate a motor vehicle and make other safe transportation arrangements.”

Hovin said he has been fighting with SGI for years on this issue but unfortunately has received no answers from them or police on how long THC can be in your system before driving and what grounds officers must be suspicious of cannabis use.

SGI added it’s impossible to provide an exact answer as to how long it takes for THC to disappear as it varies based on a person’s physiology, the quality of cannabis, the THC content, and the frequency of use.

According to MADD Canada, different signs of cannabis impairment include red, watery eyes, shallow breathing, paranoia and impaired judgement.

While the smell of cannabis is also listed as a sign, a ruling by the Saskatchewan Court of Appeal in December 2007 held that Section 495(1)(b) of the Criminal Code did not permit a police officer to arrest someone for possession of marijuana based on the smell of burned marijuana alone. The smell of burned marijuana also did not give rise to reasonable grounds to affect a warrantless search under section 11(7) of the Controlled Drugs and Substances Act.

That was in response to the case of a La Loche man who was arrested after RCMP smelled cannabis and later arrested him. He was stopped for a broken headlight.

Alicia Yashcheshen with the Medical Cannabis Association referenced that Court of Appeal ruling while speaking to paNOW and believes the rules are confusing and more education on cannabis is needed.

She and Hovind say a course that those charged with impaired driving need to take is about 95 per cent focused on alcohol, with little room to discuss cannabis.

While she believes the actions of police are in the right place and that impaired driving is wrong, the policies are doing more harm to medical cannabis patients.

“Then that becomes a constitutional issue,” she said. “What we would like to see is just a better procedure, a standard procedure and everyone to have that compassion for medical patients.”

She wants the Federal Government to implement a procedure currently being looked at in the State of Victoria in Australia.

In October of last year, the government there introduced a series of amendments to the traffic framework including the introduction of a closed-track trial to investigate how medicinal cannabis users can drive safely.

At the time, the Minister for Roads and Road Safety, Mellisa Horne, stated that the issue of medicinal cannabis use and road safety is a challenge and an issue of human rights, adding that while the safety of drivers is a high priority, people who have a genuine need to use medical cannabis need to drive.

Part of the bill would not charge a driver who has lawful medical cannabis in their blood or saliva that is prescribed by a medical professional and taken per that prescription.

However, this exemption would not apply to drivers who are impaired or incapable of driving their vehicles.

Similar medical defences for prescribed medical cannabis patients exist in countries like New Zealand, Ireland, and Norway.

—

derek.craddock@pattisonmedia.com

by Derek Craddock

Impaired driving rules unclear say medical cannabis advocates

What's Trending