Roadside drug testing procedures

​Request ​810012716

Provide proposed roadside drug testing procedures used by the States of Jersey Police, specifically in relation to cannabis and its detection. 

1. Scientific Research and Evidence: Please provide any research studies, reports, or scientific data that the police or relevant authorities rely on to establish the correlation between the detection of cannabis metabolites (such as THC-COOH) in a person’s system and their actual impairment or incapacity to drive safely. 

2. Roadside Drug Testing Protocols: I would appreciate detailed information about the methodologies and processes used in roadside drug testing for cannabis, including how the police interpret the presence of cannabis metabolites in relation to a person’s driving ability. 

3. Reliability of Testing: Any information that outlines the accuracy and reliability of the current roadside testing methods in determining whether a person is impaired by cannabis at the time of testing. This includes any studies or data on how long after cannabis consumption metabolites can be detected, and the extent to which this correlates with actual impairment. 

4. Comparison to Alcohol Testing: Any documentation or studies comparing the roadside drug testing for cannabis (which measures metabolites) with alcohol testing, which directly measures breath alcohol content. I am particularly interested in how the authorities justify the use of metabolite-based testing when alcohol impairment is directly correlated to blood alcohol concentration. 

5. Provide information held regarding evidence proving that the roadside drug testing accurately identifies impairment. As I understand it, cannabis metabolites, including THC-COOH, can remain detectable in the body for extended periods up to 90 days in some cases especially in chronic users

Response

Proposals for roadside drug testing have been led by the Infrastructure Minister. Since the receipt of this request, the Minister’s proposals have been withdrawn.

The responses to the above specific questions towards the States of Jersey Police are addressed below, although the applicant may wish to consider a similar approach to the Infrastructure and Environment Department.

1. Scientific research and evidence

The States of Jersey Police do not hold any research studies, reports, or scientific data establishing a correlation between cannabis metabolites (including THC-COOH) and driver impairment. Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

2. Roadside drug-testing protocols

As legislation has not been enacted, the States of Jersey Police do not hold any roadside drug testing protocols. Article 3 applies.

3. Reliability of testing

The States of Jersey Police do not currently use any roadside drug testing tools. Article 3 applies.

4. Comparison with alcohol testing

No comparative studies or documents are held comparing cannabis metabolite testing with alcohol breath testing are held by the States of Jersey Police. Article 3 applies.

5. Evidence of impairment detection

The States of Jersey Police do not hold evidence demonstrating that roadside drug screening devices can identify impairment.

Roadside drug screening equipment is used to detect the presence of certain drugs and does not, of itself, assess impairment. Any decision to conduct a roadside drug test would be based on the officer’s assessment of the circumstances, which may include driving manner, behaviour, or involvement in a collision.

Article applied

Article 3 Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a) it is held by the authority, otherwise than on behalf of another person; or

(b) it is held by another person on behalf of the authority.​