When it comes to cannabis use and driving in Saskatchewan, there are concerns about the rules regarding police testing for impairment. SGI has clarified that oral fluid tests for cannabis can only be done if there is suspicion of driving under the influence. However, there is confusion and concern among the public about the testing process, as there are various factors at play in determining whether someone will pass or fail a swab test after using cannabis. THC can show up in saliva 12 to 24 hours after cannabis use, and habitual users may have a longer detection window.
Criminal defence lawyer Mark Brayford raised further concerns about the legal implications for daily cannabis users. He pointed out that there is not a direct correlation between THC levels in the bloodstream and impairment, which could put regular cannabis consumers at risk of legal consequences even if they are not actually impaired. Bill C-46, passed in June 2018, introduced new laws and penalties for driving under the influence of cannabis, setting limits for THC levels in the blood. Brayford emphasized that the rate at which THC leaves the body can vary significantly and that different methods of cannabis consumption can affect THC levels.
Brayford highlighted the lack of predictability when it comes to cannabis impairment compared to alcohol. While alcohol impairment can be estimated based on body weight and consumption, there is no equivalent method for cannabis. He referenced a case in Ontario where a judge debated the constitutionality of laws that could criminalize individuals with certain THC levels even if they are not impaired. The ongoing debate over the fairness and accuracy of THC levels in Bill C-46 may eventually be settled by the Supreme Court of Canada.
The RCMP’s stance on impaired driving is clear, emphasizing that impairment is impairment regardless of the substance consumed. They discourage driving after drinking alcohol, taking impairing prescription drugs, or using cannabis. The RCMP website provides general information on testing for alcohol and drugs, but further clarification may be needed from law enforcement agencies like the Saskatoon Police Service and the Regina Police Service. Despite requests for comment, these agencies declined to provide additional information on their testing protocols and procedures.
In conclusion, the debate around cannabis use and driving in Saskatchewan continues, with concerns raised about the clarity and fairness of current testing practices. The differing effects of THC levels on impairment, the variability in detection rates, and the potential legal consequences for non-impaired individuals are all contributing to the uncertainty surrounding cannabis-related driving laws. As discussions on this topic evolve and legal challenges are presented, the ultimate resolution may come from the Supreme Court of Canada. In the meantime, the importance of not driving under the influence of any substance is emphasized by law enforcement agencies like the RCMP.Clarification from local police services may be necessary to address public concerns and provide transparency on their testing procedures.
