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 NORML News: Saliva tests not reliable

LawsNORML News, Winter 2007. By Chris Fowlie.

Parliament is set to consider a new Government bill to create an offence of driving under the influence of illegal drugs, which would have the same penalties as drink driving. It is now an offence to drive while “incapacitated” by drugs.

Police are already using field impairment tests - such as walking a straight line or balancing on one leg - although driver’s consent is voluntary. The new bill is understood to make the field tests compulsory if police believed a driver is impaired.

If they say a driver has failed the test, they will take an evidential blood sample, the same as for drink drivers now. Apparently police will not conduct random tests.

The Government should be commended for resisting the pressure from saliva test manufacturers who are keen to expand their businesses and pick up a lucrative contract.

Saliva tests, like urine tests, do not detect current impairment because THC and it’s inactive metabolite THC-COOH stay in the body for several weeks after use (or second-hand exposure).

Not only that, many saliva tests show false positives. In a recent review of ten separate drug testing devices, six recorded either false negative or false positive test results for THC. Five devices recorded false positive results for THC-COOH. Manufacturers’ proposed cutoff guidelines for THC varied widely from product to product, from 15ng/ml to 600ng/ml. There are currently no official regulations governing oral fluid testing cutoff standards.

Investigators concluded “reliable detection of marijuana use in forensic investigations, such as driving under the influence and the workplace, remains problematic.”

Previous evaluations of onsite oral fluid tests have also shown the technology to be unreliable for detecting the presence of cannabis, particularly when administered at roadside checkpoints.

  • Source: Journal of Analytical Toxicology, January/February 2007.





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