Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Drug driving new laws

Options
17810121315

Comments

  • Closed Accounts Posts: 1,539 ✭✭✭The Specialist


    Miike wrote: »
    Just because you're no longer feeling the effects of the substance doesn't mean you won't test positive. The metabolites hang around for a fairly long time. I failed the THC component a drug screen urinalysis (that I got done myself) after a brief exposure through my line of work. I have never smoked weed in my life.

    Yes but thats my point, I can test postive but there is absolutely no detriment to my driving ability.


  • Registered Users Posts: 2,021 ✭✭✭Miike


    Yes but thats my point, I can test postive but there is absolutely no detriment to my driving ability.

    I couldn't agree more but the law doesn't account for that and it can't. There is no objective way of measuring the impact on your driving ability besides the roadside sobriety test which lets be totally fair, is a heap of ****.

    I drive around 200km each to work on some days. After 200km if you asked me to step out of my car and stand on one leg or walk a white line etc. I'd be falling around the place for a few minutes at least.


  • Closed Accounts Posts: 1,539 ✭✭✭The Specialist


    Miike wrote: »
    I couldn't agree more but the law doesn't account for that and it can't. There is no objective way of measuring the impact on your driving ability besides the roadside sobriety test which lets be totally fair, is a heap of ****.

    I drive around 200km each to work on some days. After 200km if you asked me to step out of my car and stand on one leg or walk a white line etc. I'd be falling around the place for a few minutes at least.

    It's ridiculous. A blood/saliva limit is perfectly acceptable but only within reason. Cannabis is of no danger whatsoever to driving ability 8 hours after consumption, it never will be and the presence of it in saliva is completely irrelevant.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users Posts: 19 Yachtcarpenter


    Not driving for 6-8 hours after a joint is nonsense, even the strongest weed will wear off an hour or 2. It's not heroin.[/quote

    . i agree with your point, but that all depends on tolerance and frequency of use.


  • Advertisement
  • Registered Users Posts: 5,380 ✭✭✭STB.


    1. So basically the rsa and gardai are completely misleading the public in relation to their scenarios and guidelines on cannabis which were published?

    2. What would a realistic limit be for saliva test to reflect the level set in blood, given that it has been accepted that a 5ng limit has been defined as being impaired in many countries? Yet to exceed that you would have to have smoked within the last 6 to 8 hours which I believe is fair enough..

    3. The guy on the n11, taking that level of drugs may or may not cause a person to be impaired but if he is convicted of it, and a qualified doctor says he's not impaired, the levels set are not exceeded but guard says he was impaired there will be uproar over the whole thing..

    1. YES.
    2. I dont know, nobody does, yet limits have been set for tests that have no scientific basis. They are presence tests. They dont prove impairment whatsoever. Its not fair enough when you can fail a test days later (not 6-8 hours).
    3. Listen to the radio interview. Everyday joes are being treated as criminals.

    False positives - the Australia experience

    Aquitals -9 days after smoking cannabis

    They dont test for opiates in Oz with the Draegers. Want to know why ?

    Its impossible to tell if someone has consumed an illicit opiate as legal codeine is metabolized into morphine.

    We'll have plenty of those appearing too, as its part of the testing regime in Ireland. Headaches, Migraine ?

    A Fine mess.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    STB. wrote: »
    1. YES.
    2. I dont know, nobody does, yet limits have been set for tests that have no scientific basis. They are presence tests. They dont prove impairment whatsoever. Its not fair enough when you can fail a test days later (not 6-8 hours).
    3. Listen to the radio interview. Everyday joes are being treated as criminals.

    False positives - the Australia experience

    Aquitals -9 days after smoking cannabis

    They dont test for opiates in Oz with the Draegers. Want to know why ?

    Its impossible to tell if someone has consumed an illicit opiate as legal codeine is metabolized into morphine.

    We'll have plenty of those appearing too, as its part of the testing regime in Ireland. Headaches, Migraine ?

    A Fine mess.

    Aus does not use the blood test as Ireland does while the salvia test may produce false positives it CAN NOT lead to a conviction only a blood test can do that.

    https://www.google.ie/amp/amp.irishexaminer.com/ireland/icrime/driver-banned-after-codeine-dose-178962.html

    As you can see above case shows that drug driving has existed and been prosecuted for prescription drugs for years.

    It's funny no reaction to decades of a guy taking a few pints and driving the next day, no issue with prescription drugs leading to 4 year (yes mandatory 4 year bans) but the introduction of limits for illegal drugs then all hell brakes louse.


  • Registered Users Posts: 19 Yachtcarpenter


    Aus does not use the blood test as Ireland does while the salvia test may produce false positives it CAN NOT lead to a conviction only a blood test can do that.

    https://www.google.ie/amp/amp.irishexaminer.com/ireland/icrime/driver-banned-after-codeine-dose-178962.html

    As you can see above case shows that drug driving has existed and been prosecuted for prescription drugs for years.

    It's funny no reaction to decades of a guy taking a few pints and driving the next day, no issue with prescription drugs leading to 4 year (yes mandatory 4 year bans) but the introduction of limits for illegal drugs then all hell brakes louse.

    So in one respect the fact that there are now limits set for x, once your below that your ok, rather than before it was entirely based on an opinion of impairment?


  • Registered Users Posts: 5,380 ✭✭✭STB.


    Aus does not use the blood test as Ireland does while the salvia test may produce false positives it CAN NOT lead to a conviction only a blood test can do that.

    https://www.google.ie/amp/amp.irishexaminer.com/ireland/icrime/driver-banned-after-codeine-dose-178962.html

    As you can see above case shows that drug driving has existed and been prosecuted for prescription drugs for years.

    It's funny no reaction to decades of a guy taking a few pints and driving the next day, no issue with prescription drugs leading to 4 year (yes mandatory 4 year bans) but the introduction of limits for illegal drugs then all hell brakes louse.

    Its the same basis for arrest.

    No, Its not funny.

    Being put through hell through technology that produces 1 in three false positives in a testing regime where a limit has been set that has no scientific basis and is shrouded in secrecy as to when you can drive after 6/8 hours, 24 hours, a week, more than 9 days.

    The tests dont test immediate impairment. They test presence of a drug which can be left as metabolite traces, long after the effects have well worn off.

    Losing you licence and your possible livelyhood would not be funny.There is very much a lot to see here.

    There will be challenges.

    The costs quoted above 15 euros. Its a multiple of that. Blood testing ? More again. Gardai time wasted. More again.
    So in one respect the fact that there are now limits set for x, once your below that your ok, rather than before it was entirely based on an opinion of impairment?

    The science is not there. You cant just set limits that can turn up in swab tests a week later. There is no connection between a positive swab test and impairment, yet arrests will and have been made. False arrests.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    So in one respect the fact that there are now limits set for x, once your below that your ok, rather than before it was entirely based on an opinion of impairment?

    If AGS believe they have evidence of presence of Drink or drug and impairment then possible prosecution which if found guilty 4 year ban.


  • Advertisement
  • Registered Users Posts: 5,380 ✭✭✭STB.



    https://www.google.ie/amp/amp.irishexaminer.com/ireland/icrime/driver-banned-after-codeine-dose-178962.html

    As you can see above case shows that drug driving has existed and been prosecuted for prescription drugs for years.

    Are you really quoting me a case where a driver had a previous drink driving conviction, was stopped by Gardai on suspicion of drink driving and admitted to taking painkillers, and that they were not in full control of their car.

    I'd like to think that you're not getting the point, but youre better than that.

    Where a member of AGS stops someone having witnessed impaired driving AND enforcing random testing that has no scientific certainty and without impairment required are two very different things.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    STB. wrote: »

    Its the same basis for arrest.

    No, Its not funny.

    Being put through hell through technology that produces 1 in three false positives in a testing regime where a limit has been set that has no scientific basis and is shrouded in secrecy as to when you can drive after 6/8 hours, 24 hours, a week, more than 9 days.

    The tests dont test immediate impairment. They test presence of a drug which can be left as metabolite traces, long after the effects have well worn off.

    Losing you licence and your possible livelyhood would not be funny.There is very much a lot to see here.

    There will be challenges.

    The costs quoted above 15 euros. Its a multiple of that. Blood testing ? More again. Gardai time wasted. More again.



    The science is not there. You cant just set limits that can turn up in swab tests a week later. There is no connection between a positive swab test and impairment, yet arrests will and have been made. False arrests.

    Ask Ms Daly TD about arrest based on a Garda opinion which still remains the law. The point is that before this law AGS had power to arrest based for example on getting the smell of weed, taking to Garda station, followed by blood test which if positive has lead to 4 year ban. That's what I think is funny, there was no hue and cry about that law, which remains the law.

    I do agree the legislation will be challenged as every change on intoxicated driving law ends up in the High Court.


  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    STB. wrote: »

    Its impossible to tell if someone has consumed an illicit opiate as legal codeine is metabolized into morphine.

    We'll have plenty of those appearing too, as its part of the testing regime in Ireland. Headaches, Migraine ?

    A Fine mess.

    Erm....what??

    I take opiates daily for migraine prevention with codeine and tramadol as the acute remedies, triptains for emergencies.
    All apart from the triptains will show positive as opiates....i wonder should I get a doctors letter!


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    STB. wrote: »
    Are you really quoting me a case where a driver had a previous drink driving conviction, was stopped by Gardai on suspicion of drink driving and admitted to taking painkillers, and that they were not in full control of their car.

    1 what does his previous conviction for Drink Driving have to do with the case other than it got him a longer ban.

    https://www.irishtimes.com/news/crime-and-law/conviction-for-driving-under-influence-of-cannabis-upheld-1.665106?mode=amp


  • Registered Users Posts: 5,380 ✭✭✭STB.


    Erm....what??

    I take opiates daily for migraine prevention with codeine and tramadol as the acute remedies, triptains for emergencies.
    All apart from the triptains will show positive as opiates....i wonder should I get a doctors letter!

    Its not a teacher you'll be dealing with!

    You will still have to go through the procedures. Fail the test. Be arrested like the codeine criminal that those that suffer migraines are. Be brought to the station. Be put in a cell. Wait there until a doctor arrives and then be blood tested. Then you will be released on your merry way to go find your car and get back into it with the full knowledge of those that detained you for reasons that only the legislators and the politicians might be able to explain to you.


  • Registered Users Posts: 5,380 ✭✭✭STB.


    1 what does his previous conviction for Drink Driving have to do with the case other than it got him a longer ban.

    It was raised by the prosecution. Yeah its relevant.

    Admitting to not being in control of the car after being stopped by Gardai having been visually sighted as driving impaired.

    What did you see in that story that had any relvance to laws introduced that do not involve impairment ?

    Try again.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    So in one respect the fact that there are now limits set for x, once your below that your ok, rather than before it was entirely based on an opinion of impairment?

    You can still be prosecuted for impairement when below the legal limits (same with alcohol) as impairement has no minimum limits.


  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    STB. wrote: »
    It was raised by the prosecution. Yeah its relevant.

    Admitting to not being in control of the car after being stopped by Gardai having been visually sighted as driving impaired.

    What did you see in that story that had any relvance to laws introduced that do not involve impairment ?

    Try again.

    Raised after conviction as it must be, as a previous conviction means a longer ban.

    The point being made is drug driving has been on book for years inclucding prescription drugs and evidence of bad driving may be enough. The ban was 4 years first offence 6 years second offence.

    Also the accused said "he was not in complete control of the car as a result of the injury" not due to the drugs, that's the problem with the law evidence of drug plus bad driving even for a unrelated reason can lead to 4 year ban.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    STB. wrote: »
    It was raised by the prosecution. Yeah its relevant.

    Admitting to not being in control of the car after being stopped by Gardai having been visually sighted as driving impaired.

    What did you see in that story that had any relvance to laws introduced that do not involve impairment ?

    Try again.

    You may want to read the link in Really Interested's second post again, it's the Phelim Doyle case which is seperate to the issue of admitting in the Ronan Reynolds case which he/she first linked.

    I previously mentioned the Doyle case in this thread here, have a read of District Court judge Connellan's affidavid.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    The point being made is drug driving has been on book for years

    Since 1933 to be exact, the same as for alcohol.


  • Advertisement
  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    STB. wrote: »
    Its not a teacher you'll be dealing with!

    You will still have to go through the procedures. Fail the test. Be arrested like the codeine criminal that those that suffer migraines are. Be brought to the station. Be put in a cell. Wait there until a doctor arrives and then be blood tested. Then you will be released on your merry way to go find your car and get back into it with the full knowledge of those that detained you for reasons that only the legislators and the politicians might be able to explain to you.

    Oh no....surely they can't do that for legally prescribed medications!


  • Registered Users Posts: 5,380 ✭✭✭STB.


    GM228 wrote: »
    You may want to read the link in Really Interested's second post again, it's the Phelim Doyle case which is seperate to the issue of admitting in the Ronan Reynolds case which he/she first linked.

    I previously mentioned the Doyle case in this thread here, have a read of District Court judge Connellan's affidavid.

    I am aware of the case.

    The case involved driver impairment witnessed by a member of AGS when the person was stopped having pulled a handbraker around a roundabout whilst speeding. At the stop, AGS smelled cannabis in the car and found a grinder in the car and the driver admitting to smoking cannabis very recently.

    Again the new laws being debated here have no relevance to the use of the Draeger Unit being used to arrest people who fail tests with no visual impairment or suspicions of required at random stops. That people can be categorized in the same way as cases where impaired driving was evident is not the same, especially when the people advising on when it is safe drive cannot answer the question, yet have set limits.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    Am I correct in saying that the draeger machine is set to 1ng limit (can be set to suit each country's law ? )and whole blood is 5ng.

    I have it on good advise that the Dräger Drug Test 5000 currently has a cut-off level of 5ng/ml for THC in line with the 11-nor-9-carboxy-Δ9-tetrahydrocannabinol limit even though the Δ9-Tetrahydrocannabinol limit is lower because the machines can currently only set one THC limit.


    Yes but thats my point, I can test postive but there is absolutely no detriment to my driving ability.

    The exact same can be said about drink driving.


    STB. wrote: »
    I dont know, nobody does, yet limits have been set for tests that have no scientific basis.  They are presence tests.  They dont prove impairment whatsoever.

    But the law is about presence, not impairment so there isn't any need for proving impairment.

    As has been previously shown Ireland has some of the highest legal limits in Europe and a lot of scientidic research has gone into drug driving, impairment and possible limits such as Marijuana And Actual Driving Performance, Institute for Human Psychopharmacology University of Limburg Abstract Maastricht -- Netherlands 1993, or Drug use, impaired driving and traffic accidents,
    EMCDDA 2014
    , or Driving Under the Influence of Drugs, Alcohol and Medicines in Europe — findings from the DRUID project, EMCDDA 2012 or the DRUID Final Report 2012 for example.


    STB. wrote: »
    They dont test for opiates in Oz with the Draegers.  Want to know why ?

    Its impossible to tell if someone has consumed an illicit opiate as legal codeine is metabolized into morphine.

    We'll have plenty of those appearing too, as its part of the testing regime in Ireland.  Headaches, Migraine ?

    A Fine mess.
    STB. wrote: »
    Be arrested like the codeine criminal that those that suffer migraines are.

    Yes the machine can test for Opiates (and Benzodiazepines), but there isn't anything they can do with a posative Opiates result unless they are pursuing an impairment charge so it hasn't changed anything as legal or illegal is irrelevant in such a case - the new machines have changed nothing here.

    So don't worry we can keep taking headache tablets or eating poppy seed buns.


    STB. wrote: »
    That people can be categorized in the same way as cases where impaired driving was evident is not the same, especially when the people advising on when it is safe drive cannot answer the question, yet have set limits.

    Nobody can answer those questions as everybody is different in when it comes to the times of drugs vacating their systmes, only general guidlines can be given.

    The limits were set by the MBRS after comparing the laws of 13 different countries on the subject and with the help of already established scientific research as well as further research conducted under the National Programme Office for Traffic Medicine by the Royal College of Physicians of Ireland - and has been previously shown Ireland has some of the highest legal limits in Europe.


  • Registered Users Posts: 19 Yachtcarpenter


    GM228 wrote: »
    I have it on good advise that the Dräger Drug Test 5000 currently has a cut-off level of 5ng/ml for THC in line with the 11-nor-9-carboxy-Δ9-tetrahydrocannabinol limit even though the Δ9-Tetrahydrocannabinol limit is lower because the machines can currently only set one THC limit.





    The exact same can be said about drink driving.





    But the law is about presence, not impairment so there isn't any need for proving impairment.

    As has been previously shown Ireland has some of the highest legal limits in Europe and a lot of scientidic research has gone into drug driving, impairment and possible limits such as Marijuana And Actual Driving Performance, Institute for Human Psychopharmacology University of Limburg Abstract Maastricht -- Netherlands 1993, or Drug use, impaired driving and traffic accidents,
    EMCDDA 2014
    , or Driving Under the Influence of Drugs, Alcohol and Medicines in Europe — findings from the DRUID project, EMCDDA 2012 or the DRUID Final Report 2012 for example.







    Yes the machine can test for Opiates (and Benzodiazepines), but there isn't anything they can do with a posative Opiates result unless they are pursuing an impairment charge so it hasn't changed anything as legal or illegal is irrelevant in such a case - the new machines have changed nothing here.

    So don't worry we can keep taking headache tablets or eating poppy seed buns.





    Nobody can answer those questions as everybody is different in when it comes to the times of drugs vacating their systmes, only general guidlines can be given.

    The limits were set by the MBRS after comparing the laws of 13 different countries on the subject and with the help of already established scientific research as well as further research conducted under the National Programme Office for Traffic Medicine by the Royal College of Physicians of Ireland - and has been previously shown Ireland has some of the highest legal limits in Europe.

    Gm228: if that is the case of 5ng, the guidelines set out by the rsa are pretty accurate based on the study below which suggests a heavy user (26 cannabis joints per week) still had a positive @ 30 hours but 5 negatives. Most were negative after 24 hours


    http://www.icadtsinternational.com/files/documents/2013_058.pdf


  • Registered Users Posts: 8,925 ✭✭✭GM228


    Gm228: if that is the case of 5ng, the guidelines set out by the rsa are pretty accurate based on the study below which suggests a heavy user (26 cannabis joints per week) still had a positive @ 30 hours but 5 negatives. Most were negative after 24 hours


    http://www.icadtsinternational.com/files/documents/2013_058.pdf

    That study which had 1 posative at 30 hours and 5 negatives used a 1ng/ml and 2ng/ml cut-off for the tests meaning that that 1 posative only had to be above one of those levels, not the 5ng/ml level here, had a 5ng/ml level been used it's very likely there would be 0 posatives.


  • Registered Users Posts: 19 Yachtcarpenter


    GM228 wrote: »
    That study which had 1 posative at 30 hours and 5 negatives used a 1ng/ml and 2ng/ml cut-off for the tests meaning that that 1 posative only had to be above one of those levels, not the 5ng/ml level here, had a 5ng/ml level been used it's very likely there would be 0 posatives.

    My bad, yes correct.

    If what u say is correct with the 5ng limit, it seems that there is very little chance anyone would be over the limit after say 6 - 12 hours so the idea of been tested positive next day or two is rubbish to be honest which is what i suspected from the start as that is what it's intended to do just like alcohol.

    It's a pity that can't be verified as it would be very helpful for responsible people to make an informed choice in regards to this.

    According to this the cut-off is 10ng/ml

    http://www.drugs.ie/features/feature/the_facts_garda_roadside_preliminary_drug_testing


  • Registered Users Posts: 5,380 ✭✭✭STB.


    GM228 wrote: »
    I have it on good advise that the Dräger Drug Test 5000 currently has a cut-off level of 5ng/ml for THC in line with the 11-nor-9-carboxy-Δ9-tetrahydrocannabinol limit even though the Δ9-Tetrahydrocannabinol limit is lower because the machines can currently only set one THC limit.

    In terms of what you were told on good authority, its amounts to nothing as THC-COOH would catch the former anyway as when THC is metabolized by your liver it oxidises into THC-COOH.

    THC-COOH is the metabolite that is used to detect Cannabis consumption in blood tests.
    GM228 wrote: »
    As has been previously shown Ireland has some of the highest legal limits in Europe and a lot of scientidic research has gone into drug driving, impairment and possible limits such as Marijuana And Actual Driving Performance, Institute for Human Psychopharmacology University of Limburg Abstract Maastricht -- Netherlands 1993, or Drug use, impaired driving and traffic accidents,
    EMCDDA 2014
    , or Driving Under the Influence of Drugs, Alcohol and Medicines in Europe — findings from the DRUID project, EMCDDA 2012 or the DRUID Final Report 2012 for example.

    And that is meant to give comfort to those who use cannabis recreationally yet could still fail a test days later, without any proof of impairment, even though they are in full control of their car and yet could loose their licence because of scientific uncertainty.

    With all this reasearch it is STILL not possible to accurately identify the amount of time it will take for THC to not be detectable in the system after use.
    GM228 wrote: »
    Yes the machine can test for Opiates (and Benzodiazepines), but there isn't anything they can do with a posative Opiates result unless they are pursuing an impairment charge so it hasn't changed anything as legal or illegal is irrelevant in such a case - the new machines have changed nothing here.

    So don't worry we can keep taking headache tablets or eating poppy seed buns.

    No. The machines DO test for opiates and benzos. If you fail it on that basis, it is then up to the member of AGS to then come to a conclusion as to whether you are impaired.

    And lets face it, any AGS member is going to leave that to a blood test and the DPP. They already have done so with Alan Croghan, a cancer sufferer, and an early casualty of the testing who was arrested on the N11 for opiates and benzos detection, brought to Bray Garda Station, put in a cell for a few hours where he was pysically sick, saw a doctor by chance who was visiting another prisoner, and was then released at 2 in the morning to collect his car at his own expense of 33 euro, which was still parked on the N11.

    He ended up there on the basis of a impairement conclusion made by the garda who allegedly said you have to be out of your head if you’re on all these drugs, having been told of the prescription medicines he was on.

    Not alone that but he then had to resort to the media himself having read his test results in the newspaper.

    If this is indicative of the treatment of those who are migraine sufferers or people on prescription drugs then we'll see plenty of coverage in the courts.

    Its for this very reason that other countries do not test for opiates as it is impossible to tell if someone has consumed an illicit opiate as legal codeine is metabolized into morphine, yet they can still be treated like a criminal because of stupid laws. I can only imagine the trauma and emotional suffering that such a wrongful arrest could do to a citizen (so you can joke all you want about poppy seed buns).
    GM228 wrote: »
    Nobody can answer those questions as everybody is different in when it comes to the times of drugs vacating their systmes, only general guidlines can be given.

    The limits were set by the MBRS after comparing the laws of 13 different countries on the subject and with the help of already established scientific research as well as further research conducted under the National Programme Office for Traffic Medicine by the Royal College of Physicians of Ireland - and has been previously shown Ireland has some of the highest legal limits in Europe.

    Nobody can answer these questions as it is STILL not possible to accurately identify the amount of time it will take for THC to not be detectable in the system after use.

    If impairment is not a requirement then its on the basis of failing a test, where limits have been set for the presence of drug traces, that have no measurable or quantifiable timeline basis for proving whether or not someone was driving impaired. if we are not testing for impairment, then what is the purposes of the tests in the first place! Oh hang on its not a war on occasional recreational drug users dressed up as a Road Safety campaign, ny any chance ?

    I hope the advice AGS, the RSA etc have given doesnt come back to bite them in the ass, like it has in other countries.


  • Registered Users Posts: 8,925 ✭✭✭GM228


    STB. wrote: »
    In terms of what you were told on good authority, its amounts to nothing as THC-COOH would catch the former anyway as when THC is metabolized by your liver it oxidises into THC-COOH.

    THC-COOH is the metabolite that is used to detect Cannabis consumption in blood tests.

    Actually the blood test can test for both the parent compound and the metabolite.

    The Saliva test tests for the parent compound only - the actual THC, not the metabolite and is set at 5ng/ml.


    STB. wrote: »
    And that is meant to give comfort to those who use cannabis recreationally yet could still fail a test days later, without any proof of impairment, even though they are in full control of their car and yet could loose their licence because of scientific uncertainty.

    Once again, the issue is NOT about weather or not you have full control of your car, it's simply about presence.


    STB. wrote: »
    No. The machines DO test for opiates and benzos. If you fail it on that basis, it is then up to the member of AGS to then come to a conclusion as to whether you are impaired.

    And lets face it, any AGS member is going to leave that to a blood test and the DPP.

    Yes I know they do, but as I stated that makes no difference over the old laws, which require the Garda (not a blood test or the DPP as you suggest) to form the opinion of impairment at that time, not following a blood test. They can't do you just because you test positive for Opiates, there has to be a reasonable suspicion of impairment, and not just impairment in itself, it must be impairment to the extent of not having proper control of a vehicle. I would suggest that there is more to the N11 than we know as a Garda will not arrest simply based on a drug test result.


    STB. wrote: »
    If this is indicative of the treatment of those who are migraine sufferers or people on prescription drugs then we'll see plenty of coverage in the courts.

    Even if those allegations turn out to be true, do you honestly think that would become the norm?


    STB. wrote: »
    Its for this very reason that other countries do not test for opiates as it is impossible to tell if someone has consumed an illicit opiate as legal codeine is metabolized into morphine, yet they can still be treated like a criminal because of stupid laws. I can only imagine the trauma and emotional suffering that such a wrongful arrest could do to a citizen (so you can joke all you want about poppy seed buns).

    You seem to miss the point regarding legal and illegal drugs and being able to tell the difference, when it comes to impairment the fact that the drug is legal or otherwise is irrelevant, you can be prosecuted for impaired driving whilst taking legal drugs - that has always been the case.

    And the poppy seed bun is no joke, poppy seeds can throw up a false positive for Opiates the exact same way as Codeine can. Whilst Codeine may metabolise into Morphine, Poppy Seeds naturally contain Morphine.


  • Registered Users Posts: 19 Yachtcarpenter


    Having been breathalised this evening for alcohol, and had been approx 26 hours since I last smoked, I'm keen to get an answer to what the actual cut offs are for cannabis. Was not a pleasant experience considering nowhere actually states what the cut off is for the test machine.

    Gm228 stated on good info it's 5ng/ml, draeger itself states its 5ng/ml, some reports say 1ng/ml and according to drugs.ie they say according to rsa its 10ng/ml

    Can anyone shed light on this as to where this limit is stated, I'm close at this stage to go in to a Garda station and ask as in my view, if a limit is set in law, why is it so hard to find out what the testing kit is testing for (1 to 10ng) is a very large difference.


  • Advertisement
  • Registered Users Posts: 2,021 ✭✭✭Miike


    Having been breathalised this evening for alcohol, and had been approx 26 hours since I last smoked, I'm keen to get an answer to what the actual cut offs are for cannabis. Was not a pleasant experience considering nowhere actually states what the cut off is for the test machine.

    Gm228 stated on good info it's 5ng/ml, draeger itself states its 5ng/ml, some reports say 1ng/ml and according to drugs.ie they say according to rsa its 10ng/ml

    Can anyone shed light on this as to where this limit is stated, I'm close at this stage to go in to a Garda station and ask as in my view, if a limit is set in law, why is it so hard to find out what the testing kit is testing for (1 to 10ng) is a very large difference.

    http://www.irishstatutebook.ie/eli/2016/act/21/section/8/enacted/en/html#sec8

    Bottom of the page.


Advertisement