 | NORML News: Drugs & driving CRACKDOWN |
 Norml News Autumn 2004 The Government is set to crack down on "drugged drivers", despite numerous studies showing that while alcohol encourages speed and risk-taking, moderate cannabis usage actually encourages the driver to slow down and drive more carefully.
The New Zealand Police Service is beginning a trial on the road this June aimed at cracking down on drivers under the influence of drugs. This will be accompanied with a study by ESR of postmortem driver samples, and a change in the law to make prosecutions easier.
While the effects of alcohol are widely documented a great deal of research has also been done into the effects of driving under the influence of cannabis. Much of it has been surprisingly positive, with even the conservative US Department of Transportation finding that: "Drivers under the influence of marijuana retain insight in their performance and will compensate, where they can, for example, by slowing down or increasing effort. As a consequence, THC's adverse effects on driving performance appear relatively small."1
Tests comparing the effects of alcohol and cannabis on driving have shown that moderately high drivers performed between slightly better or slightly worse than sober drivers, and far better than drunk drivers. Not surprisingly drivers who consumed both cannabis and alcohol fared the worst, highlighting the snowball effect intoxicants can have when mixed.
The Police plan to start roadside testing in June of this year at alcohol checkpoints in the Waikato and Christchurch areas. Following three whole days of training, more than 30 'Specially Trained' officers will then train other officers to conduct subjective roadside coordination tests to assess whether or not a driver is impaired.
Due to the scientific community's inability to produce an accurate saliva, urine or blood test to determine how inebriated an individual is police are forced to use methods that for the most part have faded into the past. These tests are likely to include checking for pupil dilation or slurred speech, walking a straight line, estimating periods of time or touching your nose whilst holding your head back and counting down from 80. If someone fails these tests the police will call in a medical practitioner to observe the suspect and make a final assessment as to their capability to drive. The procedure may be videotaped to use as evidence.
Current driving law bans driving while "incapable of control", which the government says has been difficult to prove in court. They want to make prosecution easier by changing the law to banning being "impaired".
Associate Health Minister Jim Anderton said "you can't put in a testing regime unless you know it's going to be effective," yet they propose to determine impairment based on a subjective, potentially biased assessment by a police officer.
Furthermore, once a driver has "tested positive", police could invoke the Misuse of Drugs Act and search the driver, their car and any passengers for drugs. Green MP Nandor Tanczos has said: "I will be seeking an assurance from the Minister of Police that they will not be using this trial to conduct 'fishing expeditions' for cannabis possession."
If you are stopped and asked to perform a sobriety test, relax. The calmer you stay the easier it will be to perform these tests to the satisfaction of the police. You could try practising the sorts of tasks we have outlined above. If you refuse to submit to a test the police can force you to take an evidential blood test. You will have the right to speak to a free lawyer on the Bill of Rights list for advice before you take an evidential test.
1 Marijuana And Actual Driving Performance, U.S. Department of Transportation, National Highway Traffic Safety Administration, (DOT HS 808 078), Final Report, November 1993
Pull Quote NORML's principles of responsible cannabis use state: "The responsible cannabis consumer does not operate a motor vehicle or other dangerous machinery impaired by cannabis, nor (like other responsible citizens) impaired by any other substance or condition, including some medicines and fatigue."
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