Roadside Drug Testing Rules Carry Risks for New Zealand Cannabis Patients

New Zealand is launching a roadside drug testing program in December that could incorrectly flag medical cannabis patients as impaired, the NZ Drug Foundation reports.

The new policy allows police to establish random roadside drug testing for impaired drivers, similar to the country’s current roadside alcohol breathalyzer tests. The new program uses saliva-based drug tests, however, which can flag some medications long after any impairment has worn off. Cannabis in particular can trigger a saliva drug test failure up to three days after consuming, and for heavy consumers, the presence of THC can linger for a week or more.

The new roadside drug tests will be screening for cannabis or THC, cocaine, methamphetamines, and MDMA. If a driver fails their roadside drug test, they will be asked to take a second test. If the second test is also positive, the driver will be barred from driving for 12 hours. Regardless of the results of their second test, drivers who are flagged as positive for drugs will be asked to provide a saliva sample for further testing at a lab. If any “qualifying drugs” are detected, the driver will face demerit points on their license and a fine, up to $400 and 75 demerit points for the presence of two or more “qualifying drugs.”

Patients with a doctor’s prescription for medical cannabis will have a medical defense argument against any resulting fines or demerits. However, the defense will not apply on the roadside, meaning patients who test positive on both saliva tests would be barred from driving for 12 hours, the report said.

New Zealand’s Medical Cannabis Scheme was established in April 2020 and allows doctors to recommend cannabis for a wide range of conditions.