IR-01-24-42791
19 December 2024
Gregory Soar
[FYI request #29440 email]
Dear Gregory
Thank you for your Official Information Act 1982 (OIA) request of 4 December 2024 in
which you asked:
I am scripted cannabis flower @ 22% THC as part of my medical care. Please
may I have the fol owing information in regard roadside oral fluid devices and
use:
1. Have the roadside oral fluid testing devices to be used been chosen and / or
purchased as yet?
2. In regard to the drug cannabis only, how long after “inhaling” cannabis wil
the roadside oral fluid testing device detect “evidence of use of a qualifying
drug” (in this instance cannabis) as referenced in the Land Transport Act
1998 s11a ?
3. In regard to the drug cannabis only, how long after “ingesting” cannabis wil
the roadside oral fluid testing devices detect “evidence of a qualifying drug”
(in this instance cannabis) as referenced in the Land Transport Act 1998
s11a?
It is il egal to drive while impaired, and the changes to the legislation does not change
this. A driver must have a current and valid prescription and must follow the directions
given by the medical practitioner or manufacturer, so that you do not drive if impaired.
There are no changes to these current practices.
No device has been chosen or purchased. The formal procurement process is underway,
but until legislation is passed, a final choice of an oral fluid screening device cannot be
made. Police has indicated to potential suppliers that it intends to procure suitable
devices in the near future.
Currently, the Land Transport (Drug Driving) Amendment Bill is before Select Committee,
and it is expected that legislation wil be passed in the first quarter of next year.
Testing levels are yet to be set for the listed qualifying drugs in the Bil . However, they wil
be set at a level that is indicative of recent use and high-risk of impairment. This will be in
accordance with approval criteria found in the legislation.
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
Because no device has yet been procured, parts 2 and 3 of your request cannot be
answered and is therefore refused under section 18(g) of the OIA as the information is
not held by Police and I have no grounds for believing it is held by any other agency
subject to the OIA.
Please note that Police is not able to provide advice regarding the effect the proposed
legislation may have on an individual’s medical situation. Police recommends that anyone
who has concerns about their individual situation speak with their doctor, medical
practitioner, pharmacist, and/or seek independent legal advice.
If you are not satisfied with the way I have responded to your request, you have the right
under section 28(3) of the OIA to ask the Ombudsman to review my decisions.
Information on how to do this is available online at
www.ombudsman.parliament.nz.
Yours sincerely
Superintendent Steve Greal y
Director: Road Policing
New Zealand Police
