The New Zealand Medical Cannabis Council (NZMCC) has called on the government to exempt patients from new drug-driving laws which could result in an automatic 12-hour ban, regardless of impairment.
The Land Transport (Drug Driving) Amendment Bill would establish a random roadside drug-screening program testing oral fluids for the presence of 25 qualifying substances, including cannabis.
If a driver fails two roadside tests, a sample from the second test will be sent to a laboratory to confirm the result, with an infringement notice, fine and demerit points issued if the blood THC limit is above 1ng/ml but below 3ng/ml.
While medicinal cannabis patients will have a defence against those punishments, they will still be forced to hand over their keys at the roadside while they wait for the results of the lab test.
There will be no defence for medicinal cannabis prescription holders if the blood THC level is 3ng/ml or above.
Transport minister Simeon Brown has set the police a target of administering 50,000 roadside drug tests a year.
In a submission to the Transport and Infrastructure Committee, which is currently examining the bill, NZMCC said it “does not adequately address significant uncertainty about impairment levels when using cannabis-derived medicines”.
The body also expressed concern that the medical defence does not apply to the “punitive” 12-hour driving ban, which it said would be “hugely disruptive” for patients, especially those in rural communities.
NZMCC said such a move would represent “an arbitrary loss of freedom of movement” and insisted unimpaired patients using cannabis medicines according to their prescriber’s directions “should explicitly be protected in law”.
The submission adds: “We are also concerned about the suitability of the oral fluids test (OFT) screening. No technology is yet able to reliably detect impairment from drugs based on body fluids analysis, and OFT results in false positives and, worryingly, false negatives.
“The impact of the OFT inaccuracy, in addition to 12-hour driving bans, demerit points and infringement fines where there is no evidence of impairment… has not been properly taken into account.
“This bill is premised on the basis that even the smallest amount of the proposed tested substances will impair driving, without clear supporting scientific or empirical analysis.
“The facts, however, are very straightforward. Evidence of use is not evidence of impairment.”
NZMCC also expressed fears that the new rules could disproportionately impact Māori drivers due to “unconscious bias” from police officers administering the tests.
Meanwhile, The Cannabis Clinic said with more than 250,000 New Zealanders still accessing medicinal cannabis through the illicit market, those without a prescription are at heightened risk of fines, demerit points or licence suspension if the bill is passed.
CEO Dr Waseem Alzaher said: “We already know that a significant number of Kiwis are using medicinal cannabis outside of the legal prescribing route.
“It’s scary to think how many people this roadside testing will impact, especially those who haven’t taken the steps to ensure they’re using cannabis legally and safely.”