Why roadside screening devices may not be ready in time for marijuana legalization

Ontario's top traffic cop says new devices that can help frontline officers determine whether a driver is impaired by drugs may not be ready in time for legalization, amid a growing number of people who choose to drive high.

OPP Chief Superintendent Charles Cox, who is the Commander of the OPP's Highway Safety Division, worked with the Canadian Association of Chiefs of Police on finalizing standards for the devices. 

I'm not sure whether they will be on the approved list. The hope is that they will be.- Charles Cox

"I'm not sure whether they will be on the approved list [by the time marijuana is legalized]," he told London Morning host Julianne Hazelwood Wednesday. "The hope is that they will be." 

Cox said there is mounting evidence that a growing number of people choose to drive while high on drugs as police services across Ontario increasingly tap experts to determine if someone was high while operating a vehicle. 

"We've seen across the province of Ontario a 95 per cent increase from 2015 to 2017 in terms of submissions to the Centre of Forensic Science," he said. 

He also cited Statscan numbers that suggest rates of drug-impaired driving increased among all age groups from 2009 to 2016 and cited numbers from his own department, saying the OPP have seen a nearly 20 per cent spike in cases of drug-impaired driving from 2015 to 2016.

The drug-screening devices were tested in a pilot project conducted across the country last year, which Cox said was a success, although issues were raised over how accurate the results are in cold weather.

The devices measure the presence of the drug, not how impaired someone is.

Scientific accuracy questioned 

Cox conceded the devices are not as scientifically accurate in detecting drug levels as roadside breathalyzers are able to detect blood-alcohol levels.

But he added, "it's a tool that can be used by police officers to advance their investigation when they suspect that someone may have a drug in their body."

And he points out that police have been arresting drug-impaired drivers for years.

The currently approach involves the use of a standardized field sobriety test administered at the side of the road by officers.

If the driver fails that test, a specially-trained drug recognition officer is brought in to conduct a further 12-step series of tests.

At that point, Cox said, if the results are unfavourable, police can demand a bodily fluid sample for analysis.

Cox said the devices are currently being evaluated by federal scientists to determine whether they meet operational standards. 

Once the device or devices are approved for use, police forces will be able to acquire them through the regular procurement process.