Roadside THC Testing In New Zealand - What This Means For People Who Use Medicinal Cannabis

The government recently announced its plans to implement up to 50,000 random saliva roadside drug tests a year. This will be implemented by the end of 2024.

More than 250,000 Kiwis are still accessing medicinal cannabis through the black market* that means once the new legislation is in place if they do not have a prescription they are at risk of legal consequences, fines, demerit points or suspension of their license if they test positive on roadside testing.

Between April 2020 and June 2023, over 32,000 patients have received a medicinal cannabis prescription under the Medicinal Cannabis Scheme. However, only 1 out of 10 medicinal cannabis users report having a prescription for a cannabis product**

Minister of Transport Simeon Brown says cannabis altered a person's sense of time and distance, increased their reaction time and affected co-ordination. ***

Simeon Brown, Minister of Transport said drivers would only be penalised if at least one of two positive saliva tests was backed up by a laboratory test. He said legislation was already in place to allow legal medicinal users to contest an infringement provided they were using the drug in line with their medical advice.***

Dr William Parkyn, Medical Officer at the Cannabis Clinic, emphasises the importance of getting informed medical advice. He says “evidence from around the world shows the proposed legislation, even with the new amendments, is not fit for purpose or shown to make our roads safer from a THC perspective. However, our doctors are committed to making our communities safer and supporting our clients with all the necessary information. We give advice, based on the latest scientific evidence, to all our clients on driving and impairment to make sure their use is legal and safe.’’

‘’Should the legislation be passed, we are pleased that New Zealand has a medical defence under the Land Transport Act 1998. This means that if a client tests positive for residual THC but have been using their products as per our doctors' advice, they will have a medical defence and avoid associated fines and demerit points.

‘’Harm minimisation is really at the forefront of what we do. Kiwis who see a doctor about their cannabis use benefit from an open discussion about what they're treating and what options they have, as well as advice on how to lower their use of THC whilst maintaining the same or better benefits. They also receive advice around smoking cessation and moving to an approved dry herb vaporiser which removes many of the harmful chemicals associated with cannabis smoking. Having a high quality legally prescribed product can be reassuring and help avoid the variety of potential harms from the illicit unregulated market.’’ Dr Parkyn states.

Dr Waseem Alzaher CEO of the Cannabis Clinic states ‘’We care for our patients who are prescribed medicinal cannabis and rely on their medication to live a better quality of life. Ultimately, when following their treatment plans, they are fully within their legal rights to consume medicinal cannabis as per their prescription."

"We already know that a significant number of Kiwis are using medicinal cannabis outside of the legal prescribing route. It’s scary to think how many people this roadside testing will impact, especially those who haven’t taken the steps to ensure they’re using cannabis legally and safely." Dr Alzaher adds.

The Cannabis Clinic are in the process of implementing renewable Bio PVC GreenLeaf ID cards with QR codes to their clients to ensure that when carrying these cards their clients will be able to use these as a quick and efficient way to prove their prescription documentation when driving.

References -

*NZ Drug Foundation

** Drug Trends Survey

***RNZ

About the Cannabis Clinic:

The Cannabis Clinic is New Zealand's leading medical facility dedicated to providing comprehensive and compassionate care to individuals seeking medicinal cannabis treatment. With a mission to destigmatise medicinal cannabis and ensure accessibility, the clinic offers expert consultations and personalised treatment plans.

Medicinal Cannabis products are unapproved medicines, and most have not been evaluated for safety and efficacy by Medsafe.

The Cannabis Clinic maintains physical clinics in Auckland, Nelson and Hawkes Bay. Telehealth consultations are also available.

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