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In a haze: Impairment measurements unclear for cannabis and driving

Feds launch three-year study with mere months to go before legalization
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The Ministry of Public Safety announced a three-year study into cannabis and driving, three months before marijuana is legalized. File photo

Oct. 17 is the big day for the big green leaf, but while marijuana legalization is just around the corner, the practical implications of the legislation are just starting to be researched.

On July 3, the federal Ministry of Public Safety into the effects of cannabis on drivers. The near-million-dollar study will place drivers aged 19 to 45 in simulated driving scenarios to see how different levels of THC B次元官网网址 the psychoactive ingredient in cannabis B次元官网网址 affects their driving.

Why the government decided to look into this now, and not three years ago, remains a mystery (the Ministry had not replied to multiple requests for comments by press time). What is even more unclear is how driversB次元官网网址 sobriety will be determined in the fall.

Scott MacDonald is a health sciences professor at the University of Victoria who recently retired as assistant director at the Canadian Institute of Substance Use Research (CISUR).

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He explained that law enforcement officers will use an oral test to check the THC level in a driverB次元官网网址檚 saliva. A blood test would later be administered to find the exact levels of THC in the individualB次元官网网址檚 system.

Bill C-46 is aiming to change the criminal code regarding impaired driving, and sets two threshold levels for THC in the bloodstream, with the first at two nanograms, the next at five ng. Theoretically, the higher the levels, the higher the impairment B次元官网网址 and potentially the higher the fine.

The problem, MacDonald said, is how THC is metabolized by the body.

B次元官网网址淭HC binds to the fat cells of the body, so theyB次元官网网址檙e kind of released slowly over time,B次元官网网址 he said. B次元官网网址淵ouB次元官网网址檙e not really high, but it can go back into your blood and remain in your system for quite some time.B次元官网网址

He noted that this is very different from alcohol, which is eliminated from the body at a very constant rate.

Heavy marijuana users B次元官网网址 those who smoke every day B次元官网网址 can build up quite a tolerance. They can hold THC in their systems up to five days after they smoked, reaching levels of at least two nanograms in an oral test even though, at that point, they would not present any symptoms of intoxication.

B次元官网网址淲hat happens when people have cannabis is their THC levels rise very rapidly, and could [increase] to over 100 nanograms in the first 15 minutes,B次元官网网址 MacDonald said. B次元官网网址淭hen, they decline very rapidly by 90 per cent in the first hour, then kind of level off. ItB次元官网网址檚 when the THC has levelled off that itB次元官网网址檚 very difficult to pick a cut off point that would be accurate.B次元官网网址

MacDonald believes the numbers that will be used to assess if someone is high are too low. B次元官网网址淭his is a step above zero-tolerance; theyB次元官网网址檙e not impaired-based laws like we have with alcohol.B次元官网网址

Marijuana edibles bring an even larger challenge, he said, since ingested cannabis not only takes longer to kick in B次元官网网址 averaging about an hour B次元官网网址 but also creates a completely different chemical reaction.

B次元官网网址淚t goes directly to stomach and liver and when itB次元官网网址檚 metabolized, it creates a new compound called hydroxy-THC,B次元官网网址 MacDonald said. B次元官网网址淚tB次元官网网址檚 more potent than THC itself, but no oneB次元官网网址檚 been able to accurately measure hydroxy-THC for an impairment level.B次元官网网址

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Law enforcement officers will receive an approved screening device for oral tests soon, though at this point they donB次元官网网址檛 know which brand it will be, or when they will receive them.

Sgt. Shannon Perkins works with the traffic section of the Victoria Police Department. She said any such device will only be a tool to go along with their standard field sobriety test (SFST), an impairment check that requires the driver to walk heel-to-toe in a straight line then turn, during which the officer observes their eyes.

In response to MacDonaldB次元官网网址檚 concerns over potential problems with low THC thresholds, Perkins said the specific numbers arenB次元官网网址檛 the point.

B次元官网网址淲e need to not get so hung up on levels or the presence of drugs,B次元官网网址 Perkins said. B次元官网网址淭he device leads us to levels, which goes into a larger part of an entire investigation.B次元官网网址

She warned, however, that regardless how low an individualB次元官网网址檚 levels may be, different people will react differently to drugs and should simply not drive if theyB次元官网网址檝e had cannabis.

B次元官网网址淚f itB次元官网网址檚 still in their system, how do we know it wonB次元官网网址檛 affect their driving?B次元官网网址 she said. B次元官网网址淲eB次元官网网址檇 love to tell the public how much they can have, but because we canB次元官网网址檛 provide that, they need to take responsibility B次元官网网址 if the user doesnB次元官网网址檛 bear responsibility, should society?B次元官网网址

The B.C. Association of Chiefs of Police have instructed police departments to have 30 per cent of their front line officers trained in SFST by October in anticipation of higher instances impaired driving.

B次元官网网址淚tB次元官网网址檚 a state of change,B次元官网网址 Perkins said. B次元官网网址淧olice agencies donB次元官网网址檛 have all the answers yet. There will be case law arguments and changes, and thatB次元官网网址檚 how it goes.B次元官网网址

nicole.crescenzi@vicnews.com

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Driving high on marijuana will still be illegal when pot becomes legalized, but the impairment enforcement rules still need fine tuning. iStock photo




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