KEVON FELMINE
kevon.felmine@guardian.co.tt
As road fatalities continue to tower over 2018’s tally, road safety advocates are imploring legislators to carry out proper research in determining the legal limit for driving while high.
Their concern comes as Government moves to introduce the Cannabis Control Authority Bill and amendments to the Dangerous Drugs Act as it seeks to decriminalise the use of marijuana. Last year ended with 98 road fatalities but with five weeks left in 2019, there have been 107 deaths.
Marijuana contains a psychoactive compound called Tetrahydrocannabinol (THC) which gives a high sensation. According to the US Library of Medicine, it can cause short-term memory loss and impair motor coordination that interferes with driving skills and increases the risk of injuries. CBD (Cannabidiol) is another compound that is used for medicinal and health benefits.
It is illegal to drive while impaired by any substance in all 50 US states. Even in states where marijuana is legal, driving while under the influence remains illegal.
During the Government’s consultation on the decriminalisation of marijuana, Attorney General Faris Al-Rawi said that legislation was being drafted to allow police officers to use drugalysers to measure the content of the drugs in a driver’s system. Like the UK, it would allow officers to stop motorists and carry out field impairment test on those who they suspect may be high on drugs. The drugalyser is a handheld device that allows for the motorist’s saliva to be sampled from under the tongue. The saliva mixes with a reagent, causing it to change colour and the technology will show a variety of intensities to indicate the measurement of the drug in a person’s system.
A recent expose by Washington NBC suggested that the field tests commonly used by law enforcement to detect drugs have resulted in legal headaches for some CBD users whose products tested positive for marijuana. The article stated that many government forensic laboratories were not capable of measuring the exact amount of THC in most CBD or marijuana products.
"While marijuana is high in THC, it’s usually found in only trace amounts in hemp-derived CBD, which many claims have health benefits," the article stated.
Arrive Alive president Sharon Inglefield said that while the Government can introduce the legislation for the drugalyser to measure substances like marijuana, cocaine, met amphetamine, sleeping pills and others, what is crucial is the limit of drugs in a motorist's system that would be permitted for safe driving.
“The legislation needs not only to introduce the drugalyser but determines how the drugs will be measured. Just like how we measure microgrammes of alcohol in a person’s system, the same thing has to happen with the drugalyser. It must be determined, the correct metric by which to measure impairment before the laws are introduced. I think it is imperative if we decriminalise marijuana because it would be hypocritical to allow people to suffer from alcohol disease while marijuana is treated differently.
“In my personal view, marijuana is no different. There should be a no-tolerance approach to any kind of impairment when driving, especially to new and novice drivers, bearing in mind we still have not introduced mandatory defensive driving and hazard protection in the school curriculum and prioritise it in granting a driving permit,” Inglefield said.
In cases of drug-use on the job, she said companies who hire drivers are likely to stick to a zero-tolerance drug policy. Inglefield said Corporate T&T would do well to educate their employees on this, especially with the demerit point systems that will be introduced soon. Noting that there is a culture of lawlessness, she said drivers should consider the consequences of driving while impaired. Not only could it lead to the suspensions of a driver’s permits, but the loss of lives.
“Please consider the consequences of your action and choose to do the right thing. Choose life because your life will change very quickly if you’re caught by the police. It impairs your driving skills and more tragically, it can land you in a serious condition.”
Road Safety Coordinator of the Police Service Brent Batson said that a lot of the research centres around the comparative effects of driving while under the influences of marijuana and alcohol. He said the quantification of drugs in a driver’s system or whether there will be a zero-tolerance policy for operating vehicles and machinery is what has to be determined.
“If the law permits the tolerance of alcohol at 35 microgrammes of alcohol per 100 milligrammes of breath and the evidence suggests that combining it with marijuana could have a synergistic effect, it could create an area of risk. Before we can understand this, the legislation has to be research-driven before decision making. The counter-argument by those in support of marijuana use is going to be that if you say research shows marijuana by itself affects driving skill, how come you’re having a zero-tolerance for marijuana while there is tolerance for alcohol. My concern is the synergistic effect of combining drugs and alcohol,” Batson said.
