Vancouver lawyer says new roadside marijuana testing won’t work

The Drager DrugTest 5000 is the first saliva screening road test to be used by cops, and will cost the federal government $161 million.

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The Drager Drug Test 5000 was approved Monday by the federal government, the first saliva screening equipment to be used by law enforcement to test for THC — the main psychoactive agent in cannabis.

Acumen Law Corporation lawyer, Kyla Lee, says the test will cost $20 each time a police officer uses it, won’t work in any temperature below 4 C, and the results won’t even stand up in court.

“It only deals with detecting the presence of drugs in a person’s body. It doesn’t indicate whether or not a person is impaired, so it will give the officers grounds to arrest someone and consider investigating but it’s just another step in what the officers will be doing. It’s not going to be proof in court.”

In a news release, the federal government says the equipment will now be made available to police forces across the country, and it will be up to police to decide what testing equipment they want to use.

READ MORE: Four myths and misconceptions about pot and your health

Manufacturers have told the government that they could meet demand for roadside saliva testing equipment within four to six weeks.

The Liberals have pledged $161 million in funding for police training and drug-testing equipment over the next five years, as well as a public awareness campaign about the perils of driving while high.

READ MORE: Will roadside drug screening work? What another industry says about the tests

Lee says that will go down the tube in the first year.

“Ireland had this problem. They expected hundreds of thousands of drivers to be checked and it was so expensive and difficult and time-consuming to be used that there was only a handful of tests done in the first year.”

She adds the devices cost $6,000 each, and the printer that goes along with it — another $1,200.

Legislation that passed Parliament in June allows for the use of roadside saliva tests to detect the presence of drugs like cocaine, methamphetamine and marijuana.

Fuck trudy groper dancer and his magic machines!!!!

Time for someone to develop a roadside test mask chemical, something that interacts with the metabolites and alters them into something non detectable.

I'm just going to refuse to provide dna without a warrant and immediately lawyer up.
I think the way things will work out, is the tests will only be used after an accident or if there are obvious signs of impairment. Random roadside tests are expensive and will take a cop off the street for hours for each 'victim', yet provides minimal evidence to support a charge of impairment.

VIANARCHRIS said:

I'm just going to refuse to provide dna without a warrant and immediately lawyer up.
I think the way things will work out, is the tests will only be used after an accident or if there are obvious signs of impairment. Random roadside tests are expensive and will take a cop off the street for hours for each 'victim', yet provides minimal evidence to support a charge of impairment.

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That’s when you see a jail cell and a nurse puts the needle to your arm or worse yet a cop.

dienowk said:

Time for someone to develop a roadside test mask chemical, something that interacts with the metabolites and alters them into something non detectable.

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Fill a water bottle with h202 halfway. Leave it in your car or truck.
Cherries in the mirror? Swish and spit back into the bottle.... Move on with your life.

bigmanc said:

That’s when you see a jail cell and a nurse puts the needle to your arm or worse yet a cop.

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Lol

CalyxCrusher said:

Lol

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kinda crap gig eh, do the test. It doesn’t even work under 4C and it only detects it in your body not impairment level. Doesn’t even stand up in court.

Setting aside all the bullshit science and laws around testing with these "Drager 5000's" (a good name for a bong).

In a practical sense, remember that they do not have carte blanche use of these things, they cannot randomly use them on you. For saliva tests they have to have good reason and be able to prove it in court. If you think about the roadside tests for alcohol usually done in December (RIDE) and randomly throughout the year. The first thing they do is stick their nose in your face and inside the car, it's easier for them to detect alcohol or MJ. If they smell nothing, your speech isn't slurry, your eyes aren't red, there's no reason for them to do any testing. I've gone through countless ride programs and have never been asked to pull over, they just wave me through because I'm not impaired nor show any signs of it. They don't need to either, because they know by the numbers that if they pull over enough cars they'll get a "hit". None of that will change, they'll focus on the easy hits which are always out there regardless of whether pot is legal or not. So, don't paint a target on your back while you're out driving and you should be fine.

That said, if you do get tested, fight like hell because none of these methods being used can prove you were impaired at the time. Remember, you're not being charged with consuming MJ, you're being charged with being impaired, two completely different things.

bigmanc said:

That’s when you see a jail cell and a nurse puts the needle to your arm or worse yet a cop.

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Not unless you are obviously fucked up They can't go around sticking needles in people's arms on a whim. I'd stick it in the fucker's eye if he tried jabbing me against my will. I can see it if you were involved in an accident, but not for a random check. There is no way to prove impairment regardless of how much spit or blood they take and charges will not pass the sniff test in the SCoC. What will happen with frequency is drivers will receive 24 hr. suspensions and a fine. It gives the cops the power they want and generates revenue for the city and province and they are not required to give you the opportunity to fight the charge.

I hate the future. Cops suck even more balls in the future.

Fuckin' goat balls too.

VIANARCHRIS said:

Not unless you are obviously fucked up They can't go around sticking needles in people's arms on a whim. I'd stick it in the fucker's eye if he tried jabbing me against my will. I can see it if you were involved in an accident, but not for a random check. There is no way to prove impairment regardless of how much spit or blood they take and charges will not pass the sniff test in the SCoC. What will happen with frequency is drivers will receive 24 hr. suspensions and a fine. It gives the cops the power they want and generates revenue for the city and province and they are not required to give you the opportunity to fight the charge.

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But if the law states driving with more than 5nonograms is illegal, do they need to prove impairment after a 5ug blood sample has been taken?
If you are asked to give a mouth swab and you fail for thc, do you have the right to refuse a blood sample and hold on to your license?

This was floating around yesterday on twitter, basically even smoking industrial hemp you will fail these swabs. https://www.sciencedirect.com/science/article/pii/S0379073818304973?via=ihubc

This is the scientific evidence required to defeat the government in every single arrest that occurs for failing the test, it's going to be a fun year.

It's going to be horrible!...they want us running scared and to be honest, I am more worried about this than anything else.

WHATFG said:

..they want us running scared ,.

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YES YES AND FUCKING YES..
Ive been yappin about this since day one...keep sayin it too
most just cant read through it lol
Said it when they were threatening us with court action regarding MMAR ...amcpr bs
...only the ones who had a case to stand on stayed put.
Some were swayed thinking it was OK,,,but got fucked regardless,
Same tactic different day.

I have no worries ...Ill go to court and WIN hands down and set a precedent. EASILY done and they know and see it coming
The only thing they dont realize and maybe they do..
....the same friggin argument can be used with RECREATIONAL...

sooner than later

gb123 said:

YES YES AND FUCKING YES..
Ive been yappin about this since day one...keep sayin it too
most just cant read through it lol
Said it when they were threatening us with court action regarding MMAR ...amcpr bs
...only the ones who had a case to stand on stayed put.
Some were swayed thinking it was OK,,,but got fucked regardless,
Same tactic different day.

I have no worries ...Ill go to court and WIN hands down and set a precedent. EASILY done and they know and see it coming
The only thing they dont realize and maybe they do..
....the same friggin argument can be used with RECREATIONAL...

sooner than later

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Thank you for dropping the 6 figures on court costs for all us patients.

Some things are more important than money, like having your freedom and being mobile and not getting a criminal record for no reason. So I think a lot of people who have the means will challenge this easily.

Jefferson1977 said:

Some things are more important than money, like having your freedom and being mobile and not getting a criminal record for no reason. So I think a lot of people who have the means will challenge this easily.

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I mean really man? I’d keep my cash. Your allowed an UNLIMITED AMOUNT OF CANNABIS IN YOUR HOME. Good luck fighting legal isn’t legal enough. I applaud those with the strength to push forward.

bigmanc said:

I mean really man? I’d keep my cash. Your allowed an UNLIMITED AMOUNT OF CANNABIS IN YOUR HOME. Good luck fighting legal isn’t legal enough. I applaud those with the strength to push forward.

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We are talking about these insane and unjust driving laws aren't we? The ones that give you a criminal record for no reason based on no science?

Or did you just go off into a tangent?

bigmanc said:

I mean really man? I’d keep my cash. Your allowed an UNLIMITED AMOUNT OF CANNABIS IN YOUR HOME. Good luck fighting legal isn’t legal enough. I applaud those with the strength to push forward.

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What in the actual fuck does unlimited cannabis in your home have to do with the fact that you will go above the per se limit set by the Liebrals if you get pulled over and tested while driving, hours after you smoke industrial hemp that doesn't get you high ?