Press release: Wednesday 3 October, 2007.

Driver drug testing plan fundamentally flawed

Although scientific research indicates that cannabis actually has far less impact on the psychomotor skills needed for driving than alcohol does, and is seldom a causal factor in car crashes, the National Organisation for the Reform of Marijuana Laws (NORML) supports safe driving behaviour and promotes a set of "Principles for Responsible Cannabis Use", which includes "no driving". However, NORML believes the Government's plan to drug test drivers is fundamentally flawed, for these reasons:

1. The decision whether a person "appears" impaired, or whether they have failed the "walk the line" field sobriety test and therefore must give a blood sample, is up to individual police officers.

"It will be an entirely subjective decision, and our experience has been that police enforcement of drug laws is racist and they tend to pick on the weak and downtrodden. White middle-class people are seldom searched for drugs," said NORML spokesperson Chris Fowlie.

"Lots of people can't balance on one leg, but that doesn't mean they are impaired. This law will mean any police officer can just say they were impaired, and force them to give a blood sample.

2. Drug tests do not even measure THC, the active ingredient in cannabis. Instead, they test for the presence of THC-COOH, a non-psychoactive metabolite of THC that remains in the body up to 3 months after a person has straightened up.

If they actually tested for THC, they could set a level that corresponds to impairment, but testing for THC-COOH cannot ever measure impairment.

"We would be less concerned if the blood test actually measured impairment, but it doesn't.

"Instead, all it shows is that a person has at some point come into contact with cannabis, which could be up to three months ago, or second hand smoke from a party."

"Because more than half the population have used cannabis and the non-active metabolites stay in the body for up to three months, we can expect to see thousands of unimpaired Kiwis prosecuted for drugged driving.

3. NORML is extremely concerned that a positive test could be used to harass and search people, and/or prosecute them for using cannabis.

"More than half the adult population have used cannabis, and the vast majority do so moderately and responsibly. But because cannabis metabolites linger in the body for up to 3 months, police will be able to target anyone they don't like, with a fairly good chance they will test positive, whether or not they are impaired.

"Police will use this law to harass people who appear to fit the stereotype, or who have brown skin. It will be an easy way for police to circumvent the Bill of Rights.

"As a result, we expect this law will encourage some people to switch to more risky drugs which do not linger in the body, such as alcohol, opiates or methamphetamine," said Mr Fowlie.

ends

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