Medicinal-cannabis prescribers and UK academics were consulted as part of efforts to introduce legally defined drug-concentration limits for drivers and enable the police to conduct roadside drugs testing, according to the Infrastructure Minister.
Constable Andy Jehan has put forward proposals seeking to improve road safety by “deterring drug-impaired driving” and “ensuring a clear legal framework for enforcement”.
In a report explaining his plan, Mr Jehan notes that – while current legislation enables the prosecution of drivers impaired by drugs or alcohol – there is no statutory definition of a legal limit for drug use.
There is also no power for the police to conduct roadside drugs testing.
“This limits the ability of the police to successfully prosecute individuals driving under the influence of drugs, even where impairment is suspected,” the minister explained.
“The lack of evidential thresholds creates ambiguity in enforcement, undermines deterrence, and has made successful prosecutions challenging.”
The advice we’ve had is that the 5µg/L is when you shouldn’t be driving
Infrastructure Minister Andy Jehan
Mr Jehan continued: “To address this, a cross-organisational Drugs Limit Working Group was created to identify appropriate drug limits, to try and deter people driving whilst under the influence of drugs and support future prosecutions.
“The group reviewed best practice from the UK and other jurisdictions and developed proposals for a Jersey-specific framework for drug driving offences.”
If approved, the proposed legislation would introduce a new offence of driving or being in charge of a motor vehicle with a concentration of a specified drug above a prescribed limit.
This would initially see a limit of 5 µg/L (micrograms per litre of blood) for Delta-9-Tetrahydrocannabinol (THC), though further specified drugs could be added by ministerial order in the future.
The THC limit would be lower (2 µg/L) in cases where the driver also exceeds the prescribed
alcohol limit, or if the vehicle can only be driven by someone with a public service vehicle or Group 2 licence, or if the driver is a registered driving instructor at the time.
It would also introduce powers for trained police officers to carry out a preliminary drug test with approved testing devices.
The report notes that the result of a test would not be evidential, but would provide reasonable cause for arrest and formal blood testing at police headquarters should the officer suspect the driver to be under the influence of drugs.
Responding to questions from Express about how this might impact medicinal-cannabis users, Mr Jehan said that: “We spoke to people who prescribe medicinal cannabis and we also spoke to some academics in the UK.”
He noted that this included the Faculty of Forensic and Legal Medicine.
“Currently, it’s against the law to drive if you’re impacted by drink or drugs, so there’s no change really.
“The advice we’ve had is that the 5µg/L is when you shouldn’t be driving.”