Marijuana Breathalyzers

When Justin Trudeau was elected Prime Minister, Canadians were anxious to see how he would deliver on his promises in regards to marijuana legalization. The current Liberal government has promised that they “will remove marijuana consumption and incidental possession from the Criminal Code and create new, stronger laws to punish more severely those who provide it to minors, those who operate a motor vehicle while under its influence and those who sell it outside of the new regulatory framework.”

For local authorities, the legalization of pot will only grow the concern of those lighting up and get behind the wheel of a car. Current tests and instruments used to determine drug impaired drivers have been inconsistent and unfit to be used as permissible evidence in Canadian court. This has led to authorities being reluctant to proceed with charges due to insufficient proven evidence to back up their claims.

However, a Vancouver-based tech company, Cannibix, is looking to put an end to the uncertainty of convicting drug impaired drivers by introducing the first marijuana breathalyzer. Similar to an alcohol breathalyzer, this proposed device would be able to measure the level of measuring the level of tetrahydrocannabinol (THC) in one’s system up to two hours after smoking pot. Currently this device is in the prototype stages and will not be expected to be in action for some time.

There have been many previous instances of police unlawfully and incorrectly accusing drivers of driving supposedly under the influence of cannabis. In the event where an alcohol breathalyzer proves inconclusive, some officers have conducted their own tests to determine whether a driver is “high” on drugs or not. These tests can include walking the line or reciting the alphabet backwards. These roadside tests are designed to make a driver appear guilty and are not proven to yield any proof and should not be used to identify a driver as under the influence of drugs.

Until such a time where there is a court approved marijuana breathalyzer, there is no scientific or accepted tool by the courts that will support criminal charges for marijuana impaired driving. The task of defending individuals charged with driving while under the influence of marijuana or other drugs falls to questioning the imprecise and often speculative methods used by the police to determine when a person is driving while under the influence of drugs.

Ryan Handlarski Lawyer has a proven track record of success and acquitting clients of impaired driving offences. If you think you have been unlawfully convicted of a drug impaired driving offence you should contact the law offices of Ryan Handlarski.