Ottawa, Ontario: Members of Parliament are considering legislation that would amend the Criminal Code to allow motorists to have their bodily fluids tested for the presence of illicit drugs and/or inactive drug metabolites. The proposal, Bill C-32, is similar to pending US federal legislation that seeks to criminally sanction anyone who operates a motor vehicle “while any detectable amount of a controlled substance is present in the person’s body, as measured in the person’s blood, urine, saliva, or other bodily substance.”
If passed, C-32 would allow law enforcement officers to request a sample of a driver’s urine or saliva “to determine whether the person has a drug in their body,” if the officer has “reasonable grounds” to believe the motorist is under the influence of a controlled substance. The proposal further states that a “qualified medical practitioner” may draw blood samples from drivers in certain cases.
Proponents of the bill argue that Parliament must approve C-32 before moving forward with plans to decriminalize the use and possession of small amounts of marijuana. However, according to a 2002 Senate Special Committee on Illegal Drugs, “Cannabis alone, particularly in low doses, has little effect on the skills involved in automobile driving.”
NORML Executive Director Keith Stroup criticized Bill C-32, stating: “At a minimum, this proposal should identify parent drugs, not inactive drug metabolites – which, even when confirmed, do not indicate recency of drug use or impairment. Further, it should include references to scientifically sound cut-off levels correlating drug concentration to impairment of performance similar to the 0.08 BAC standard that already exists for drunk driving. These amendments would offer a reasonable alternative to C-32’s present language.”
For more information, please contact either Keith Stroup or Paul Armentano of NORML at (202) 483-5500.