|
Abstract
|
How do jurisdictions address driving under the influence of cannabis?
It depends on the road safety objectives of the jurisdiction.
Driving under the influence of alcohol defined by a specified (per se) blood alcohol concentration (BAC) in many jurisdictions, even though not all drivers will be impaired at this level. Other offences, such as dangerous driving, fatigued driving or distracted driving, are less clearly defined. Determinations are left to the judgement of road safety authorities, experts, and the judicial system. Cannabis-impaired driving may be defined using either approach ...
What about medical cannabis?
Medical cannabis consumers should not be subject to THC zero-tolerance laws that make it illegal to drive with any detectable level of THC, as is the case with some other types of impairing medications, but they should still be subject to impaired driving laws ...
Should cannabis be treated like alcohol?
It may depend on the legal status of cannabis. It is more challenging to determine cannabis-related impairment than alcohol-related impairment.
As of 2022, the following countries have legalized cannabis for recreational use: Canada, Georgia, Malta, Mexico, South Africa, Uruguay, as well as other countries. In the United States, cannabis is legal in 19 states, 2 territories, and the District of Columbia. Many more jurisdictions have legalized medical cannabis. These trends are likely to continue. In jurisdictions where cannabis is still illicit, zero-tolerance laws may prohibit drivers from having any amount of cannabis in their system. This may be considered reasonable because it is illegal to consume cannabis under any circumstances. In jurisdictions where cannabis consumption is legal, however, zero-tolerance laws are less defensible because individuals who can legally consume cannabis may test positive for THC long after they last used cannabis, and when they are no longer impaired ...
Do laws relating to the presence of cannabis in drivers deter drug impaired driving and are they sufficient to change behaviour?
It is unclear whether cannabis zero-tolerance laws deter drug-impaired driving, although similar laws for alcohol have been effective. Some countries further specify different BAC levels for passenger vehicle drivers, heavy truck drivers, bus drivers and young drivers ...
What tools are needed to enforce such laws and how efficient/effective are they?
Enforcement requires accurate and reliable technology to measure the presence of cannabis and/or behavioural assessment tests.
Whatever legislative approach is applied to cannabis use and driving, it must be enforceable and actively enforced. Enforcement requires accurate and reliable technology to detect the presence of cannabis in drivers, similar to the use of breathalyzers to detect alcohol. Alternatively, it requires a capacity to conduct behavioural assessments, such as the Drug Recognition Expert program in the United States and Canada. Testing devices must be available in sufficient quality and quantity to enforcement agencies. This requires the road safety field to develop affordable fit-for-purpose technology ...
9 references
Keywords: cannabis impaired driving |