ROADSIDE POT TESTS FLOATED BY OTTAWA

Police Chief Sees Move As Afterthought

"Good evening, sir.

"Have you smoked any joints tonight?"

Laugh if you want, but a discussion paper currently being circulated among
the provinces probes the possibility of providing police with powers to
detect marijuana-impaired drivers -- and use the full extent of the law to
prosecute them.

The move by the federal Justice Department appears to be occurring in
conjunction with or, as a footnote to, Ottawa's apparent desire to
decriminalize marijuana possession.

And those on both sides of the issue are critical of the exercise.

"It's very troubling what's happening here," said York Regional Police
Chief Armand La Barge.

The chief, an outspoken opponent of relaxing marijuana laws, sees the
latest move by Justice Minister Martin Cauchon as an afterthought by a
government intent on pushing through legislative change for which there's
really little demand.

"I don't hear the great hue and cry from the public wanting
(decriminalization) in the first place," Chief La Barge said.

Meanwhile, the national president of Mothers Against Drunk Driving has
condemned the justice minister's discussion paper as too little, too late.

"I think it's irresponsible of the justice minister to even look at
decriminalizing marijuana without having the other (impairment) legislation
in place," Louise Knox said in a interview from Edmonton.

Then there's marijuana advocate Tim Meehan, who claims the impairment
debate is simply a concession to the law enforcement community.

"I think this is a political tool to try and advance the debate. I think
it's a bit of a red herring," said Mr. Meehan, spokesperson with Ontario
Consumers for Safe Access to Recreational Marijuana.

"I think they're trying to bring the moral disapproval of marijuana use
into it by comparing it with impaired driving."

At issue in the discussion paper is the protocol that may be employed by
police officers who suspect motorists of marijuana impairment. It proposes
three stages, similar to those employed when alcohol impairment is suspected:

. Roadside assessment based on eye movements and other traditional
impairment benchmarks, including physical co-ordination and alertness.
There is also discussion of some sort of roadside test, perhaps using sweat
or saliva samples;

. Examination at a station by a trained drug recognition officer. In
addition to sobriety tests, this step could include taking the suspect's
pulse and blood pressure; and,

. Finally, a toxicological examination, where the suspect is asked to
supply either a blood or urine sample.

The department notes there could be some "Charter sensitivity" in testing
for marijuana impairment.

Alan Shefman, a human rights consultant in Thornhill, likens the current
debate to the early days of the battle against drunk driving that saw the
imposition of measures such as random checks and roadside breath tests.

Court challenges to federal legislation resulted in a protocol that has
come to be accepted as respecting individual rights while accomplishing the
goal of nabbing drunk drivers, Mr. Shefman said.

Chief La Barge agrees a protocol is in place, as are Criminal Code
provisions that allow police to lay charges against drivers impaired by
alcohol or drugs.

What is needed, he said, is a definition of impairment -- the point at
which one has enough THC, the active ingredient in pot, to impair one's
ability to drive -- and the technology to detect it.

Then, officers will have to be trained in the highly specialized area of
drug recognition, he said.

So far, just a couple of York's cops have been trained as drug recognition
experts.

"I had to send the two officers to northern New York State to get that
training," the chief said.

The issue of the degree to which marijuana interferes with the user's
ability to drive is sure to spark debate. Chief La Barge has no doubt
drivers are impaired when they toke behind the wheel.

"Your responses are impacted by a narcotic," he said. "Driving is such a
difficult task these days, you need to have your wits about you at all times."

There's no argument from dedicated smoker Tim Meehan: "It's not a good idea
to toke and drive," he allowed.

"But it's also not a good idea to play with your cell phone and drive, or
drink and drive.

"I do think the police should be able to take people off the road if
they're impaired -- but not just by marijuana," Mr. Meehan said.

For Ms Knox of MADD, it's simply lunacy to legalize another substance that
could contribute to the already alarming level of impaired driving in this
nation.

"Any time you put anything into your system, it has an effect," she said.

"There's a huge amount of opposition to this."