Gene Valaitis: Smoking and Driving: The Dilemma

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You should never drink and drive.

You should never smoke weed and drive.

But here is the difference and the problem. Police have an accurate way of measuring your blood alcohol level. Currently, there is no accurate way of measuring roadside THC levels in your blood. Additionally, THC the active ingredient in marijuana can stay in your blood system for up to 30 days. Which would suggestion you have been smoking and driving even if haven’t had a toke or vape in almost 3 weeks. Then there are the people who don’t smoke, but are around friends who do and they unsuspectingly inhale second hand smoke. They too could be subject to a roadside charge or an automatic 90 day suspension.

Until there is an accurate means of detecting marijuana in the blood stream it will be left up to the discretion of the police officer who pulls you over. What if he or she is wrong based on inaccurate testing methods but your license is suspended for 90 days anyway without a trial?

Inevitably it will be cases like this that will wind up in the Supreme Court of Canada, Sarah Leamon, Criminal Defence Lawyer at Acumen Law Corporation and chair of the PACE Society,  talked to us today about the opening of a big can of worms.