The government is gearing up to introduce random roadside saliva drug tests, aiming to conduct up to 50,000 tests annually by the end of 2024. This move has set off alarm bells among medicinal cannabis users across the country. With over a quarter-million Kiwis accessing cannabis for medical purposes, many are worried about the legal implications of the new testing regime.
Unlicensed Medicinal Users Face Legal Risks
More than 250,000 New Zealanders are reportedly obtaining medicinal cannabis through unofficial channels. This means they could be hit with fines, demerit points, or even lose their licenses if they test positive for THC during roadside checks.
Between April 2020 and June 2023, just over 32,000 patients received medicinal cannabis prescriptions under the official Medicinal Cannabis Scheme. Yet, only about one in ten medicinal cannabis users have a legal prescription. The majority remain vulnerable under the new laws due to lack of proper documentation.
Government’s Position and Legal Defenses Available
Transport Minister Simeon Brown has highlighted that cannabis use can impair driving by altering a person’s sense of time and distance, increasing reaction times, and affecting coordination. He assures that drivers will only face penalties if two positive saliva tests are confirmed by a lab.
Brown also mentions that medicinal users have a legal avenue to contest infringements. Under the Land Transport Act 1998, those using cannabis as per medical advice can present a medical defense to avoid fines and demerit points.
Medical Community Advocates for Informed Use
Dr. William Parkyn, Medical Officer at the Cannabis Clinic, underscores the importance of medical guidance. He notes that while the legislation aims to make roads safer, it may not be entirely effective in assessing THC impairment.
“Evidence from around the world shows the proposed legislation isn’t fit for purpose or shown to make our roads safer from a THC perspective,” Dr. Parkyn says. “Our doctors are committed to making our communities safer and supporting our clients with all the necessary information.”
Steps Toward Legal Compliance and Safety
The Cannabis Clinic is proactively helping patients navigate the new legal landscape. They’re introducing renewable Bio PVC GreenLeaf ID cards with QR codes, allowing clients to quickly prove their prescription status when driving.
Dr. Waseem Alzaher, CEO of the Cannabis Clinic, expresses concern for patients relying on medicinal cannabis for quality of life improvements. “We care for our patients who are prescribed medicinal cannabis and rely on their medication to live a better quality of life,” he states. “It’s worrying 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.