MICHIGAN MAY BE 1ST TO ADOPT ROADSIDE DRUG TESTING

Cops Could Check Your Saliva

LANSING -- Michigan drivers could become the first in the nation
subject to roadside drug testing under a bill introduced Wednesday in
the Legislature.

The legislation would authorize police to administer a roadside
saliva test for illegal drug use, just as they do breath tests for
alcohol, when they stop a driver suspected of being intoxicated.

State Rep. Rick Jones, R-Grand Ledge, a former Eaton County sheriff
and sponsor of one of the bills in the package, said the tests are
easy to administer, reliable and cost effective. The tests could
largely replace costly and time-consuming procedures, often requiring
search warrants and hospital-administered blood tests, Jones said.

The test kit under consideration for Michigan can detect drug use in
six categories, including marijuana, cocaine and methamphetamine.

"I know this has been a problem for law enforcement for years," Jones
said. "What do you do when you've got a guy you know is on drugs but
you can't test him?"

The state Department of Corrections uses portable drug kits to test
parolees, Jones said, but Michigan could become the first state to
authorize their use by traffic cops.

Roadside drug testing has been used in Australia and Europe.

Southfield criminal defense attorney Joseph Awad said roadside drug
testing opens the door for arbitrary application by police,
especially against thousands of drivers on the road every day using
doctor-prescribed medications, Awad said.

But Paul Armentano, deputy director of NORML, a national group that
advocates for the decriminalization of marijuana, said a reliable,
roadside test could help. But Armentano is skeptical about the
equipment and whether testing would improve public safety.

One benefit, Armentano said, is that the public would be more likely
to embrace rational drug laws if a reliable roadside test was available.

The presence of any level of any illegal drug is grounds under
Michigan law for a charge of drugged driving.