Roadside drug testing again shown to be deeply unjust

A misleading message from a
Howard-era anti-cannabis campaign.

The unjust persecution of drivers detected with cannabis in their bodies – but little or no impairment – just took another hit, with a Sydney University meta-study showing limited impairment times. 

The injustice is pretty clear – 

"users were impaired for between three and 10 hours after taking moderate to high doses of the intoxicating component of cannabis, tetrahydrocannabinol (THC).

THC can be detected in the body for weeks after cannabis consumption, meaning users can face fines and loss of their licence, despite being unaffected by the drug." (from the linked ABC News story)

Furthermore the 10-hour figure applied to heavy oral consumption. Smokers and long-term users had a shorter period of impairment.

 

"Our analysis indicates that impairment may last up to 10 hours if high doses of THC are consumed orally," the study's lead researcher Danielle McCartney said.

"A more typical duration of impairment, however, is four hours, when lower doses of THC are consumed via smoking or vaporisation and simpler tasks are undertaken."

The study also found regular cannabis users became less affected by THC than those who used cannabis occasionally.

Dr McCartney said people could be impaired for six or seven hours if higher doses of THC were inhaled and complex tasks, like driving, were assessed. "

Retired magistrate David Heilpern underlined the inconsistency – "Cannabis is the only drug in Australia that you could get by prescription but could not drive with even a detectable level." Apparently under the law morphine is safe but cannabis is not. Mr Heilpern has previously pointed out that Roadside Drug Testing had produced no reduction in road deaths over several years, whereas other campaigns around alcohol testing and seat-belt wearing had produced dramatic improvements.

Gino Vambaca, co-founder of Harm Reduction Australia, said Australia's laws punished people for past drug use, not for unsafe driving.

"It's not a road safety campaign anymore, it's a detect and penalise campaign," he said.

Given the recent pattern of politicians suing Tweeters and journalists for defamation, perhaps it's time someone sued a state government over the clear injustice of their roadside drug testing campaign. Perhaps those unjustly targeted could even claim compensation after having their criminal records wiped.