Medicinal Cannabis Users Face Uncertain Future Under New Drug-Driving Legislation

Medicinal Cannabis Users Face Uncertain Future Under New Drug-Driving Legislation

Key Takeaways

  • Medicinal cannabis users in New Zealand may face negative outcomes due to new saliva tests that can detect cannabis use
  • The tests have been criticized for their lack of sensitivity and accuracy in determining impairment
  • Regular cannabis users may not be impaired even if they test positive, raising questions of justice
  • Medicinal cannabis users are advised to wait 12 hours before driving and to carry a prescription or ID card to avoid infringement notices
  • The NZ Drug Foundation warns that many medicinal cannabis users could be caught out by the tests, which can detect cannabis use up to three days after use

Introduction to the Issue
The use of medicinal cannabis has become increasingly common in New Zealand, with approximately 120,000-130,000 people being prescribed the medication. However, with the introduction of new saliva tests that can detect cannabis use, many medicinal cannabis users may face negative outcomes. The tests have been criticized for their lack of sensitivity and accuracy in determining impairment, and regular cannabis users may not be impaired even if they test positive. This has raised concerns among medicinal cannabis users, who may face driving bans, fines, and other penalties despite using the medication safely and under medical supervision.

The Consequences of Positive Saliva Tests
Returning two positive roadside saliva tests could result in a 12-hour driving ban, and if the levels of cannabis are confirmed to be above the legal threshold, it could lead to an infringement notice, including a $200 fine and 50 demerit points. If a saliva test is refused or police request a blood test, the consequences could be more severe, including a $4500 fine, up to three months in prison, and a mandatory six-month licence disqualification. Medicinal cannabis users who are caught out by the tests may be able to appeal the infringement notice by showing a prescription or ID card from a prescriber, highlighting the importance of carrying this documentation.

Criticism of the Saliva Tests
The saliva tests have been criticized by researchers, including Australian researcher Dr Michael White, who has studied road accidents involving cannabis. Dr White has stated that the tests are nearly worthless when it comes to picking up whether someone is impaired, as regular cannabis users may not be impaired even if they test positive. This raises questions of justice, as many people who are regular users of cannabis may be unfairly penalized despite not being impaired. The NZ Drug Foundation has also warned that many medicinal cannabis users could be caught out by the tests, which can detect cannabis use up to three days after use.

Concerns about Other Medications
The introduction of the saliva tests has also raised concerns about the impact on users of other medications, such as those taking ADHD medication containing amphetamine. Senior biosciences lecturer Dr Catherine Crofts has pointed out that around half of New Zealanders taking ADHD medication currently use medications such as dexamphetamine or lisdexamfetamine, which could be detected by the tests. This highlights the need for a more nuanced approach to drug testing, one that takes into account the complexity of different medications and their effects on individuals.

Advice for Medicinal Cannabis Users
Medicinal cannabis users are advised to wait 12 hours before driving, ideally taking their medication at night so that they are unimpaired by the morning. They are also urged to carry a prescription or ID card from a prescriber to avoid infringement notices in the event of a positive saliva test. The Cannabis Clinic, which has 60,000 patients who have been prescribed medicinal cannabis, has warned that its patients could face negative outcomes due to the tests, and is working to ensure that its patients are aware of the risks and take steps to protect themselves.

Conclusion
The introduction of saliva tests to detect cannabis use in New Zealand has raised concerns among medicinal cannabis users, who may face negative outcomes despite using the medication safely and under medical supervision. The tests have been criticized for their lack of sensitivity and accuracy in determining impairment, and regular cannabis users may not be impaired even if they test positive. Medicinal cannabis users are advised to wait 12 hours before driving and to carry a prescription or ID card to avoid infringement notices, and the NZ Drug Foundation has warned that many medicinal cannabis users could be caught out by the tests. As the use of medicinal cannabis continues to grow, it is essential that a more nuanced approach to drug testing is developed, one that takes into account the complexity of different medications and their effects on individuals.

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