Effects of Cannabis on Driving — Some Studies and Reports (2018-2023)

Alcohol-drug roadside testing

The relationship between cannabis use and driving impairment is complex because of the unique pharmacokinetic (how the body interacts with administered substances for duration of exposure) and pharmacodynamic (biochemical and physiologic) properties of cannabis’ ∆9-tetrahydrocannabinol (∆9-THC). Impairment is difficult to define because there is no universally agreed-upon task that can be used to define driving impairment. The relationship between blood ∆9-THC concentrations and crash risk is not established, but there is a clear understanding that ∆9-THC impairs driving performance in many, but not necessarily all, individuals. The question that remains is how to best identify drivers who are impaired by cannabis.


In the largest trial to date involving experienced users smoking cannabis, there was
no correlation between ∆9-THC in blood, oral fluid, or breath and driving performance. 


Drug testing


The complete lack of a relationship between the concentration of the centrally active component of
cannabis in blood, oral fluid and breath is strong evidence against use of ‘per se’ laws for cannabis.


Greater than one in ten USA adults reported Driving Under the Influence (DUI) of any substance annually from 2016 to 2020. DUIA (alcohol) was most prevalent among all USA adults; however, this behaviour is decreasing. No change in DUIC was found among the USA adult population, but a decrease was found among those with past-year cannabis use which coincided with a 29.1% increase in past-year cannabis use. There were no significant changes in overall DUID (drugs); however, females aged 26-34 and 65 or older with past-year use displayed increasing trends. DUI of any substance decreased among the USA adult population.

Driving high

This study aimed to identify the typologies of substance users and examine how they differed in drug-driving tendencies. Thematic analyses identified three unique user types: a) sporadic recreational users, who used a variety of ‘drugs’ and drove, depending on situational variables; b) frequent recreational users, who favoured cannabis and methamphetamine, and did not typically regulate their driving; and c) frequent medicinal users, who used cannabis for a medical condition and were more responsible in regulating both their use and driving. While frequent recreational users may ‘drug drive’ more often, sporadic users (who are proportionally larger in size) may be more at risk due to a low tolerance and an increased likelihood of poly-substance use. The findings of this study may inform the development of tailored police interventions but also inform current policy discussions.

Driver drug testing

Consistent with an improvement in traffic safety, the legalisation of medical cannabis leads to a decrease in auto insurance premiums on average of US$22 (>AU$33) per policy, per year. The effect is stronger in areas directly exposed to a dispensary, suggesting increased access to cannabis drives the results. In addition, relatively large declines in premiums seen in areas with relatively high drunk driving rates prior to medical cannabis legalisation. This latter result is consistent with substitutability across substances that is argued in the literature.

Cannabis leaf driving

Previous investigators found no clear relationship between specific blood concentrations of ∆9-THC and impairment, and thus no scientific justification for use of legal ‘per se’ ∆9-THC blood concentration limits. Analysing blood from 30 subjects showed ∆9-THC concentrations that exceeded 5 ng/mL in 16 of the 30 subjects following a 12-hour period of abstinence in the absence of any impairment. In blood and exhaled breath samples collected from a group of 34 subjects at baseline prior to smoking, increasing breath ∆9-THC levels were correlated with increasing blood levels in the absence of impairment, suggesting that single measurements of ∆9-THC in breath, as in blood, are not related to impairment.

Sobriety test

In a randomised clinical trial, 191 regular cannabis users smoked ad libitum placebo, 5.9% or 13.4% ∆9-THC cigarettes. Simulator driving worsened in the ∆9-THC group, but this was unrelated to ∆9-THC content, use history, or blood ∆9-THC concentration. Perception of driving impairment decreased at 1 hour 30 minutes, despite no objective improvement in driving; on average, performance was indistinguishable from placebo group at 4 hours 30 minutes. When experienced cannabis users control their own intake, one cannot infer impairment based on the product ∆9-THC content or blood concentrations.


There was no correlation between blood ∆9-THC concentrations collected 15 minutes after smoking and
simulator performance at 30 minutes or any other time point … under highly controlled conditions.



In the real world, the time from consumption to a law enforcement stop and
subsequent blood collections is highly variable, and the current results reinforce
that ‘per se’ laws based on blood ∆9-THC concentrations are not supported.


Researchers examined the relationship between traffic fatalities and state cannabis laws using data from 1985 to 2019 and found lower state traffic fatalities following the implementation of medical cannabis laws. This is true whether a simple medical cannabis law indicator or a continuous indicator of the permissiveness of state medical cannabis laws is employed. Controlling for prior medical cannabis laws, there was no evidence of a statistically significant association found between recreational cannabis laws and traffic fatalities as of 2019. Liberalisation has been associated with lower traffic fatalities, not higher.

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Researchers undertook a systematic search of electronic databases and identified 13 culpability studies and four case–control studies from which cannabis-crash odds ratios could be extracted. It was evident that the risks from driving after using cannabis are much lower than from other behaviours such as drink-driving, speeding or using mobile phones while driving. With medical and recreational use of cannabis becoming more prevalent, removal of cannabis-presence driving offences should be considered (while impairment-based offences should remain). 

Nightime Police Traffic Stop

Researchers performed a meta-analysis to characterise the relationships between ∆9-THC-related biomarkers, subjective ‘intoxication’ and impairment of driving and driving-related cognitive skills in regular and occasional cannabis users. Blood ∆9-THC, 11−OH-THC and 11−COOH-THC concentrations, oral fluid ∆9-THC concentrations and subjective ratings of ‘intoxication’ are relatively poor indicators of cannabis-induced impairment. Use of ‘per se’ limits as a means of identifying cannabis-impaired drivers should be reconsidered. It seems there is a significant risk of unimpaired individuals being mistakenly identified as ‘cannabis-impaired’ (and vice-versa) under this approach. 

Cannabis and Driving
USA, September 2021

Current evidence suggests that efforts to establish ‘per se’ limits for cannabis-impaired drivers based on blood ∆9-THC values are still premature at this time. Considerably more evidence is needed before there can be an equivalent to a blood alcohol concentration, a ‘BAC for THC’. The particular pharmacokinetics of cannabis and its variable impairing effects on driving ability currently seem to argue that defining a standardised ‘per se’ limit for ∆9-THC will be a very difficult goal to achieve.

Drug Driving Swab Test Queensland

Due to erratic and route-dependent differences in ∆9-THC pharmacokinetics as well as significant inter- and intra-individual variability, blood and oral fluid ∆9-THC concentrations, unlike BAC for alcohol, provide little information as to the amount of cannabis consumed or the extent to which an individual may be ‘intoxicated’. Collectively, these results suggest the ‘per se’ limits examined here do not reliably represent thresholds for impaired driving.

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This review examines experimental research on the acute effects of ∆9-THC on driving-related neurobehavioural skills and driving performance based on simulator and road course studies. The evidence indicates that certain driving abilities are significantly, albeit modestly, impaired in individuals experiencing the acute effects of ∆9-THC. Treatment effects are moderated by dose, delivery method, recency of use and tolerance development.


Current research indicates biological ∆9-THC concentrations are not strongly
correlated with impairment, so ‘per se’ laws that criminalise driving above
specific thresholds do not appear to be justified as stand-alone policy.


Alcohol and Drugs

New DUI and DUID research studies should consider key issues in the study design, including the time elapsed since the substance use; the method of administration; dosage; and most importantly, how test results relate to impaired driving, including the best methods to identify impaired drivers. Drugs affect people differently depending on many variables. A ‘per se’ limit for drugs, other than ethanol, should not be enacted at this time as current scientific research does not support it.

SA Police

In a crossover clinical trial that assessed driving performance during on-road driving tests, the standard deviation of the lateral position (SDLP) following vaporised ∆9-THC-dominant and ∆9-THC/CBD-equivalent cannabis compared with placebo was significantly greater at 40-100 minutes but not 240-300 minutes after vaporisation; there were no significant differences between CBD-dominant cannabis and placebo.

Drug Driving NSW

There has been limited research on how cannabis affects pedestrians involved in traffic crashes. This study examined the association between cannabis legalisation (medical, recreational use and recreational sales) and fatal motor vehicle crash rates (both pedestrian-involved and total fatal crashes). No significant differences in pedestrian-involved fatal motor vehicle crashes between legalised cannabis states and control states following medical or recreational cannabis legalisation were found. Washington and Oregon saw immediate decreases in all fatal crashes following medical cannabis legalisation. Overall findings do not suggest an elevated risk of total or pedestrian-involved fatal motor vehicle crashes.

NT Drug Driving

Epidemiological evidence supporting a specific ‘per se’ limit for ∆9-THC is scant. Blood ∆9-THC >2ng/mL and possibly even ∆9-THC >5ng/mL does not necessarily represent recent use of cannabis in frequent cannabis users. People who use cannabis regularly develop partial tolerance to some of its impairing effects. Regular cannabis users may also have persistent elevation of ∆9-THC even after a period of abstinence. Some stakeholders worry that current ‘per se’ limits may criminalise unimpaired drivers simply because they use cannabis. 

Drug Driving

In a double-blind, placebo-controlled, parallel-group, randomised clinical trial, 30 high ∆9-THC, 31 low ∆9-THC and 30 placebo subjects were studied. Mean speed (but not lateral control) significantly differed between groups 30 minutes after smoking cannabis with low and high ∆9-THC groups decreasing speed, compared to placebo. Heart rate, visual analogue scale (VAS) drug effect and drug high increased significantly immediately after smoking cannabis and declined steadily thereafter. There was little evidence of residual effects in any of the measures.

Smoking vs Vaporising

The relationship between crash risk and amount of cannabis consumed or blood concentration of ∆9-THC is weak. Blood concentration of ∆9-THC is a poor index of driving-related risk or impairment. Although standard field sobriety tests have advantages over ‘per se’ tests for cannabis-impaired driving, limitations of both leave cannabis users and law enforcement officials little guidance in assessing an individual’s driving fitness after recent cannabis use.

Victoria Police Drug Test

In British Columbia, non-fatally injured motor vehicle drivers’ toxicology results (3,005) and police reports (2,318) showed alcohol was detected in 14.4%, Δ9-THC in 8.3%, other drugs in 8.9% and sedating medications in 19.8%. There was no evidence of increased crash risk in drivers with Δ9-THC <5ng/ml and a statistically non-significant increased risk of crash responsibility in drivers with Δ9-THC ≥5ng/ml.

Driving car Cannabis background

In a randomised, double-blind, within-subjects crossover design study, healthy volunteers with a history of light cannabis use attended three simulated driving and cognitive performance test sessions. They were assessed at 20–60 minutes and 200–240 minutes following vaporisation of 125mg ∆9-THC-dominant, (11% ∆9-THC:<1% CBD), ∆9-THC/CBD equivalent (11% ∆9-THC:11% CBD) or placebo (<1% ∆9-THC/CBD) cannabis. Cannabis containing equivalent concentrations of CBD and ∆9-THC appears no less impairing than ∆9-THC-dominant cannabis. Both active cannabis types increased intra-lane weaving during a car-following task but had little effect on other driving performance measures.

Vaporising cannabis

Levels of impairment identified in laboratory settings may not have a significant impact in real world settings, where many variables affect likelihood of a crash occurring. Research has been unable to consistently correlate levels of cannabis consumption, or ∆9-THC in a person’s body, and levels of impairment. Some researchers, and the National Highway Traffic Safety Administration, observed that using a measure of ∆9-THC as evidence of a driver’s impairment is not supported by scientific evidence to date.

Victoria Police Drug Test

The pharmacokinetic-pharmacodynamic relationship between whole blood ∆9-THC and driving risk is poorly understood. In a randomised, double-blind, crossover trial, 15 chronic consumers and 15 occasional consumers, aged 18-34 were studied. Results showed that inhalation from cannabis joints leads to a rapid increase in blood ∆9-THC with a delayed decrease in vigilance and driving performance, more pronounced and lasting longer in occasional consumers than in chronic consumers.

Cannabis

A driving simulator study with habitually cannabis consuming test persons was conducted to contribute to the ongoing discussion about threshold limits of Δ9-THC. Consistent with previous studies, a direct correlation between individual fitness to drive and ∆9-THC concentrations was not found. Therefore, determining a threshold limit for legal purposes based on these values alone seems to be arbitrary.

thc

‘Marijuana’* medicalisation and motor vehicle fatalities:
a synthetic control group approach
USA, December 2018

A quasi-experimental evaluation of California’s 1996 medical cannabis law, known as Proposition 215, was performed on statewide motor vehicle fatalities between 1996 and 2015. California’s 1996 medical cannabis law appears to have produced a large, sustained decrease in statewide motor vehicle fatalities amounting to an annual reduction between 588 and 900 vehicle fatalities

Medicinal Cannabis Driving and Workplace Road-Safety


Legalising medical cannabis in California led to a sustained reduction in statewide motor vehicle fatalities.


Randomised, within-subjects trial with assessors being blinded to time since cannabis use, and participants blinded to randomisation sequence. Among young recreational cannabis users, a 100-mg dose of cannabis by inhalation had no effect on simple driving-related tasks, but there was significant impairment on complex tasks, especially when these were novel. These effects, along with lower self-perceived driving ability and safety, lasted up to five hours after use.

drug-driving-laws

An analysis and research white paper concluded that even if cannabis impairment is present, it creates (unless combined with alcohol or other drugs) only a fraction of the risks associated with driving at the legal 0.08 BAC threshold, let alone the much higher risks associated with higher levels of alcohol. The maximum risk for cannabis ‘intoxication’ alone, unmixed with alcohol or other drugs, appears to be more comparable to risks such as talking on a hands-free phone (legal in all USA states) than to driving with a BAC above 0.08, let alone rapidly-rising risks at higher BACs.

LCPRDTDiscriminatory2023

*Cannabis sativa is the correct botanical term, ‘marijuana’ is an American colloquialism, at best

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‘Synthetic Cannabis’: Dangerous Misnomer

Spice

In December 2021, researchers from the National Drug & Alcohol Research Centre (NDARC), at the University of New South Wales, Australia, pointed out that although the term ‘synthetic cannabis’ has been widely used, it is patently wrong. Further, the misnaming of these drugs has potentially dangerous consequences. In an article in the International Journal of Drug Policy, they proposed these drugs be referred to as synthetic cannabinoid receptor agonists (SCRAs) to emphasise that this is a drug class entirely distinct from cannabis*.

A vast array of chemicals are involved in these drugs. They first emerged in 2004 and over the past decade no less than 280 new substances have been identified as ‘synthetic cannabis’. The drugs were designed to give similar effects to cannabis and are typically sprayed onto a herbal substance to give the appearance of cannabis. Originally sold as ‘Spice’, many ingredients are listed on the packets, with combinations greatly varying in number and concentration, often depending on country of distribution.


Spice
A packet of ‘incense’, aka Spice, called ‘Banana Cream Nuke’ bought in the United States has the following ingredients list: alfalfa, marshmallow, blue violet, nettle leaf, comfrey leaf, Gymnema sylvestre, passion flower leaf, horehound and neem** leaf.


Chemistry of SCRAs

Many of the substances are not structurally related to the ‘classical’ cannabinoids, i.e., compounds, like THC. SCRAs were developed by degenerating the dibenzopyran structure of THC. Cannabinoid receptor agonists form a diverse group, but most are lipid soluble, non-polar and consist of 22 to 26 carbon atoms; they would therefore be expected to volatilise readily when smoked. A common structural feature is a side-chain, where optimal activity requires more than four and up to nine saturated carbon atoms. SCRAs fall into seven major structural groups:

    1. Naphthoylindoles (e.g. JWH-018, JWH-073 and JWH-398)

    2. Naphthylmethylindoles

    3. Naphthoylpyrroles

    4. Naphthylmethylindenes

    5. Phenylacetylindoles (i.e. benzoylindoles, e.g. JWH-250)

    6. Cyclohexylphenols (e.g. CP 47,497 and homologues of CP 47,497)

    7. Classical cannabinoids (e.g. HU-210)

Synthetics

SCRAs are not synthetic THC, the active ingredient in cannabis, or even structurally related to THC (the pharmaceutical dronabinol is synthetic THC). While both THC and SCRAs act on cannabinoid receptors, many commonly used SCRAs are 10-100 times more potent than THC. They also have a great many other physical and psychological effects that are not seen with cannabis.

The toxic effects of SCRAs are well-known. Their most prominent characteristics are wide ranging effects on the heart and circulatory system, including raised blood pressure, heartbeat arrhythmia, accelerated heartbeat and chest pain. They have also been known to cause stroke. Cases of acute kidney failure have also occurred, probably due to malignant hyperthermia, a dangerous increase in body temperature caused by SCRAs. SCRAs have also been known to induce sudden, catastrophic, respiratory failure.

Most importantly, there are known cases of death due to SCRA toxicity, probably due to their effect upon the cardiovascular system. Indeed, NDARC has documented such cases in Australia. Older users appear to be particularly at risk. These drugs have also been associated with a range of severe psychiatric consequences, including delirium and acute psychosis. There have been widely reported mass intoxications requiring hospitalisations, such as the 2016 ‘zombie’ outbreak in New York City.

800px-usmc-100201-m-3762c-001

The clinical profiles of SCRAs and cannabis differ markedly. The most important difference is that there have been no documented deaths from THC toxicity. In contrast, such deaths do occur from SCRA toxicity. Overall, the effects of SCRAs such as cardiac arrhythmia, stroke, hyperthermia and acute kidney injury are not profiles we expect to see with cannabis. What then does SCRA toxicity look like? Remarkably like cases of psychostimulant toxicity. SCRAs are not psychostimulants, but their general clinical profile is one we would typically expect to see in hospital presentations for a drug such as methamphetamine.

In recent years we have also seen emerging evidence that SCRAs can induce a serious and complex withdrawal syndrome not seen with cannabis. Their high potency also increases the likelihood of dependence. These drugs are already illegal, so what else can we do? First, as has been argued here, terminology matters. There is confusion amongst the general population about these drugs and we need to be consistent in using the term SCRAs. We also need to make clear to users of these drugs that they are not cannabis substitutes, they are more akin to methamphetamine.

Spice

Finally, we need to develop specific detoxification regimes and treatment options for SCRAs. This may involve the development of new pharmacotherapies for the treatment of SCRA dependence or withdrawal. In conclusion, SCRAs are an entirely different drug class than cannabis. To use terms such as ‘synthetic cannabis’ is misleading and even dangerous. The one thing ‘synthetic cannabis’ is not is synthetic cannabis.

Adapted from ‘Synthetic Cannabis’: Dangerous Misnomer by Professor Shane Darke, with Synthetic cannabinoids drug profile and Purported Cannabinoid Hyperemesis – Genetics or Pesticides? 


*Cannabis sativa (cannabis), as nature provides, is a non-toxic herb
**Neem can cause hyperemesis, due to the active ingredient, azadirachtin

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Contact Your Qld MP to Change Drug Driving Laws

Queensland’s Department of Transport and Main Roads (TMR) has begun a review of the state’s drug-driving laws, to be completed by the end of 2024. The General Manager (Land Transport Safety and Regulation) Andrew Mahon said the review will examine best practice approaches across the world as well as the latest research, the impact on enforcement through roadside drug testing and will also undertake stakeholder consultation with experts in the field and those impacted by drug driving.

He outlined Queensland’s current position wherein it is only necessary to show the presence of THC for someone to fall foul of the law. He added, all Australian jurisdictions apart from Tasmania consistently take a zero-tolerance approach through presence-based legislation as opposed to setting limits like alcohol. This approach is taken due to the many myths still surrounding THC, deemed psychoactive, impairing cognitive and motor function.

A TMR spokesperson said, “The review is in response to the growing number of drug-driving offences being detected on Queensland’s roads and an increase in crashes resulting in serious injuries and lives lost. Included in the scope of this program is a review of current approaches to deter offending through enforcement and offender management. The review will investigate both illegal drugs and medicinal cannabis”.


Imagine using a breathalyser that 16% of the time didn’t detect that a driver was intoxicated and 5% of the time pinged them if they were only at .01 or .02.

Professor Iain McGregor, Lambert Initiative for Cannabinoid Therapeutics, Sydney University


In November 2021, an Australian study concluded that in medical-only access models there is little evidence to justify differential treatment of medicinal cannabis patients, compared with those taking other prescription medications with potentially impairing effects. Medicinal cannabis and driving: the intersection of health and road safety policy found road safety risks associated with medicinal cannabis were similar or lower than numerous other potentially impairing prescription medications.

Swab test Queensland

The application of presence-based offences to medicinal cannabis patients appeared to derive from the historical status of cannabis as a prohibited ‘drug’ with no legitimate medical application (ideology over science). This approach is resulting in patient harms, including criminal sanctions, forfeiting of car use and related mobility, when not impaired and using as directed by their doctor. Others who need to drive are excluded from accessing a needed medication and the associated proven therapeutic benefit.

‘Medical exemptions’ for medicinal cannabis in comparable jurisdictions and other drugs included in presence offences in Australia (e.g. methadone) demonstrate a feasible alternative approach. The current Queensland roadside drug testing regime violates the human rights of those prescribed a legal medicine. We need to tell the Minister for Transport and Main Roads and other elected state representatives that this discriminatory regime needs to end. There is already an offence of impaired driving and this should be where it ends, regardless of substance used.

Medical cannabis and drivingStandard Deviation of Lateral Position (SDLP)
Values reflect the ability of the driver to remain in control of the vehicle via use of the steering wheel


Standard roadside physical impairment testing should suffice or alternatively, a driving simulator. Cannabis produces little or no car-handling impairment – consistently less than produced by moderate doses of alcohol and many legal medications and people who frequently use cannabis appear to develop a tolerance to its impairing effects.

A Queensland parliament e-petition, AMEND RANDOM ROADSIDE PRESUMPTIVE TESTING LAWS TO EXEMPT HOLDERS OF MEDICINAL CANNABIS PRESCRIPTIONS, highlights the impact of roadside drug testing on the human rights of those legally prescribed medicinal cannabis. Fifteen years of roadside drug testing has not reduced the road toll. Speeding is still the biggest killer on Queensland roads, followed by drink driving.


A study, in 2019, of roadside drug testing devices widely used by police
in Australia, called into question their reliability for detecting cannabis.


While drug testing devices consistently return up to 10% false positives and 9% false negatives. A 2023 study concluded there is no correlation between THC in blood/oral fluid/breath and driving performance in experienced cannabis users. This is consistent with numerous other studies, finding detection of THC not predictive of driving impairment.

Presence of THC is not associated with a higher risk of crashing. Whilst cannabis patients are disinclined to drive soon after use, any impairment is generally weak and below a threshold where driving performance is degraded. Impairment is rare, however, cannabis can remain in the system for a long time. Roadside drug testing encourages use of amphetamines and cocaine, which clear the system within 48 hours and are actually more likely to impair.

Nightime Police Traffic Stop

When it comes to driving, medicinal cannabis users with a legal prescription should be treated no different to any other medicinal prescription holder, like those using methadone or morphine. Tasmania has a medical/prescription exception and the sky has not fallen in. The petitioners, therefore, request the House to address the injustice perpetuated on those using prescribed medicinal cannabis and provide them with a medical defence against prosecution under the current discriminatory drug-driving regime.

In the past few years, four political parties, Legalise Cannabis, Australian Greens, Reason and One Nation, have put forward bills in state parliaments in New South Wales, Victoria, South Australia and Western Australia. Some of these parties have a growing voter base desiring non-discriminatory, just, reasonable rules as opposed to the current charging of otherwise honest, law-abiding citizens with a victimless ‘crime’ to continue to raise revenue and pursue a warped ideology rather than looking at the science and facts and making a genuine attempt to reduce the road toll by addressing the main causes of fatalities, speed and alcohol.


A Canadian study from 2021 found implementation of Canada’s Cannabis Act was not associated
with evidence of significant post-legalisation changes in traffic-injury emergency department
visits in Ontario or Alberta, 2015-2019, among all drivers or youth drivers, in particular.


To this end we need you to contact your current member of the Queensland parliament and tell them it is way past time for change to the highly discriminatory regime inflicted upon cannabis users across the state. Below is some suggested email text, you can copy and paste and personalise it, to send to your elected member of parliament, at your earliest convenience, thank you!

(Contact list of current Queensland Members of Parliament after email text)



_.-|*|-._.-|*|-._.-|*|-._.-|*|-._.-|*|-._.-|*|-._.-|*|-._.-|*|-._.-|*|-._.-|*|-._.-|*|-._.-|*|-._

To the Honourable Member for _._._._._._._._._._._._._ 

With reference to the review of the state’s drug-driving laws, please note that I am currently a medical cannabis patient with a legal prescription. Cannabis works really well for my circumstance, as I am without high levels of continuous pain and no longer suffer pharmaceutical brain fog, a common occurrence, before cannabis. As I need my driver’s licence to get to and from work, so I can continue to pay my bills and feed my family, I ask that you remove cannabis from the roadside drug testing regime. This discriminatory regime means that everyday I have to make a choice between taking my medicine (and getting relief) or driving. I live in constant fear of losing my licence and being heavily, punitively fined.

There are many reasons why cannabis does not belong in roadside testing, including the testing devices being unable to reliably show presence (let alone impairment) with a considerable number of false-positive and -negative results, noting however, that there is still no device that can test for cannabis impairment, successfully. However, in driving studies, cannabis produces little or no car-handling impairment – consistently less than that produced by moderate doses of alcohol and many other legal medications.

Sydney University Professor Iain McGregor, NHMRC Principal Research Fellow, Professor of Psychopharmacology and Academic Director of the Lambert Initiative for Cannabinoid Therapeutics said simply testing for the presence of THC was NOT the most effective way of removing drug-affected drivers from the roads. “Its very different to alcohol, where there is a linear relationship between blood alcohol and the risk of a crash. The relationship between salivary THC and crash risk is more complicated. We need far better tests to go after impairment. It might be better to use a field sobriety test rather than simply looking at levels of THC”.

Lobby group Drive Change’s David Heilpern, LLB LLM, Dean of Law at Southern Cross University, stated lawmakers should be asked why medicinal cannabis patients are singled out for punishment. Cannabis should be treated like every other prescription medication, as is the case in Tasmania, where the sky hasn’t fallen in nor have road fatalities increased.

Cannabis has been legal since 2016 as a prescription only medicine, but is still quite expensive and highly stigmatised. Without a licence I would stand to not only lose my quality of life but my livelihood too. The current law is in total conflict with medical cannabis law, with mounting evidence that zero tolerance of THC has no downward pressure on the road toll. The current Queensland roadside drug testing regime violates the human rights of those prescribed a legal medicine and must be changed to cease the obvious discrimination and treatment like criminals of otherwise law-abiding citizens.

Thank you and regards, your constituent,

_._._._._._._._._._._._._

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QUEENSLAND PARLIAMENT – CURRENT MEMBERS (alpha order by surname)

Mr Stephen (Steve) Andrew Member for Mirani (ONP)
Hon Mark Bailey Member for Miller (ALP), Minister for Transport and Main Roads and Minister for Digital Services
Ms Rosslyn (Ros) Bates Member for Mudgeeraba (LNP), Shadow Minister for Health and Ambulance Services, Shadow Minister for Medical Research, Shadow Minister for Women
Mr Stephen Bennett Member for Burnett (LNP)
Mr Michael Berkman Member for Maiwar (GRN)
Mr Jarrod Bleijie Member for Kawana (LNP), Deputy Leader of the Opposition
Ms Sandra (Sandy) Bolton Member for Noosa (IND)
Mr Mark Boothman Member for Theodore (LNP), Opposition Whip
Ms Nikki Boyd Member for Pine Rivers (ALP), Assistant Minister for Local Government
Mr Donald (Don) Brown Member for Capalaba (ALP), Chief Government Whip
Ms Jonty Bush Member for Cooper (ALP)
Hon Glenn Butcher Member for Gladstone (ALP), Minister for Regional Development & Manufacturing, Minister for Water
Ms Amanda Camm Member for Whitsunday (LNP), Shadow Minister for Women’s Economic Security
Mr Michael Crandon Member for Coomera (LNP)
Hon Craig Crawford Member for Barron River (ALP), Minister for Child Safety and Minister for Seniors and Disability Services
Mr David Crisafulli Member for Broadwater (LNP), Leader of the Opposition, Shadow Minister for Tourism, Shadow Minister for Olympics and Paralympics
Mr Nicholas (Nick) Dametto Member for Hinchinbrook (KAP)
Hon Yvette D’Ath Member for Redcliffe (ALP), Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence
Hon Michael (Mick) de Brenni Member for Springwood (ALP), Minister for Energy, Renewables and Hydrogen and Minister for Public Works and Procurement
Hon Cameron Dick Member for Woodridge (ALP), Treasurer and Minister for Trade and Investment
Hon Leeanne Enoch Member for Algester (ALP), Minister for Treaty, Minister for Aboriginal and Torres Strait Islander Partnerships, Minister for Communities and Minister for the Arts
Hon Dianne (Di) Farmer Member for Bulimba (ALP), Minister for Employment and Small Business, Minister for Training and Skills Development and Minister for Youth Justice
Mrs Deborah (Deb) Frecklington Member for Nanango (LNP), Shadow Minister for Water and the Construction of Dams, Shadow Minister for Regional Development and Manufacturing
Hon Mark Furner Member for Ferny Grove (ALP), Minister for Agricultural Industry Development and Fisheries and Minister for Rural Communities
Mrs Laura Gerber Member for Currumbin (LNP), Deputy Opposition Whip
Mrs Julieanne Gilbert Member for Mackay (ALP) Assistant Minister for Education
Hon Grace Grace Member for McConnel (ALP), Minister for Education, Minister for Industrial Relations & Minister for Racing
Mr Aaron Harper Member for Thuringowa (ALP)
Mr Michael Hart Member for Burleigh (LNP)
Mr Bryson Head Member for Callide (LNP)
Mr Michael Healy Member for Cairns (ALP), Assistant Minister for Tourism Industry Development
Hon Stirling Hinchliffe Member for Sandgate (ALP), Minister for Tourism, Innovation and Sport and Minister Assisting the Premier on Olympics and Paralympics Sport and Engagement
Ms Jennifer Howard Member for Ipswich (ALP)
Mr Jason Hunt Member for Caloundra (ALP)
Mr David Janetzki Member for Toowoomba South (LNP), Shadow Treasurer
Mr Robert (Robbie) Katter Member for Traeger (KAP)
Mr Joseph (Joe) Kelly Member for Greenslopes (ALP), Deputy Speaker
Ms Ali King Member for Pumicestone (ALP)
Mr Shane King Member for Kurwongbah (ALP)
Mr Shane Knuth Member for Hill (KAP)
Mr Jon Krause Member for Scenic Rim (LNP)
Mr John-Paul Langbroek Member for Surfers Paradise (LNP), Shadow Minister for Seniors, Communities and Disability Services, Shadow Minister for Multiculturalism and Aboriginal and Torres Strait Islander Partnerships
Mr Dale Last Member for Burdekin (LNP), Shadow Minister for Police and Corrective Services, Shadow Minister for Fire and Emergency Services, Shadow Minister for Rural and Regional Affairs
Ms Brittany Lauga Member for Keppel (ALP), Assistant Minister for Health and Regional Health Infrastructure
Member for Warrego (LNP), Shadow Minister for Local Government, Shadow Minister for Disaster Recovery, Shadow Minister for Volunteers
Hon Leanne Linard Member for Nudgee (ALP), Minister for the Environment and the Great Barrier Reef, Minister for Science and Minister for Multicultural Affairs
Mr James Lister Member for Southern Downs (LNP)
Ms Cynthia Lui Member for Cook (ALP)
Dr Amy MacMahon Member for South Brisbane (GRN)
Mr James (Jim) Madden Member for Ipswich West (ALP)
Mr Timothy (Tim) Mander Member for Everton (LNP), Shadow Minister for Housing and Public Works, Shadow Minister for Sport and Racing, Shadow Minister for Olympic and Paralympic Sport and Regional Engagement
Mr James Martin Member for Stretton (ALP)
Mr Lance McCallum Member for Bundamba (ALP), Assistant Minister for Energy
Mr James (Jim) McDonald Member for Lockyer (LNP)
Mrs Melissa McMahon Member for Macalister (ALP)
Ms Corrine McMillan Member for Mansfield (ALP)
Mr Bart Mellish Member for Aspley (ALP), Assistant Minister to the Premier for Veterans’ Affairs and the Public Sector
Mr Brent Mickelberg Member for Buderim (LNP), Shadow Minister for Employment and Training, Shadow Minister for Small and Family Business, Shadow Minister for Open Data
Hon Dr Steven Miles Member for Murrumba (ALP), Deputy Premier, Minister for State Development, Infrastructure, Local Government and Planning and Minister Assisting the Premier on Olympic and Paralympic Games Infrastructure
Mr Lachlan Millar Member for Gregory (LNP)
Mr Steven (Steve) Minnikin Member for Chatsworth (LNP), Shadow Minister for Customer Service, Shadow Minister for Transport and Main Roads
Mr Robert (Rob) Molhoek Member for Southport (LNP)
Mrs Charis Mullen Member for Jordan (ALP), Assistant Minister for Treasury
Mr Timothy (Tim) Nicholls Member for Clayfield (LNP), Shadow Attorney-General, Shadow Minister for Justice, Shadow Minister for CBD Activation
Mr Samuel (Sam) O’Connor Member for Bonney (LNP), Shadow Minister for Environment and the Great Barrier Reef
Mr Barry O’Rourke Member for Rockhampton (ALP)
Hon Annastacia Palaszczuk Member for Inala (ALP), Premier and Minister for the Olympic and Paralympic Games
Ms Joan Pease Member for Lytton (ALP), Senior Government Whip
Mr Anthony (Tony) Perrett Member for Gympie (LNP), Shadow Minister for Agriculture, Fisheries and Forestry
Hon Curtis Pitt Member for Mulgrave (ALP), Speaker of the Legislative Assembly
Mr Andrew Powell Member for Glass House (LNP)
Mr Linus Power Member for Logan (ALP)
Ms Jessica (Jess) Pugh Member for Mount Ommaney (ALP), Deputy Government Whip
Mr Daniel (Dan) Purdie Member for Ninderry (LNP)
Ms Kim Richards Member for Redlands (ALP)
Dr Mark Robinson Member for Oodgeroo (LNP)
Dr Christian Rowan Mr Peter Russo Member for Toohey (ALP)
Hon Mark Ryan Member for Morayfield (ALP), Minister for Police and Corrective Services and Minister for Fire and Emergency Services
Mr Bruce Saunders Member for Maryborough (ALP), Assistant Minister for Train Manufacturing and Regional Roads
Hon Meaghan Scanlon Member for Gaven (ALP), Minister for Housing
Ms Fiona Simpson Member for Maroochydore (LNP), Shadow Minister for Finance and Better Regulation, Shadow Minister for Integrity in Government
Mr Robert (Rob) Skelton Member for Nicklin (ALP)
Mr Thomas (Tom) Smith Member for Bundaberg (ALP)
Mr Raymond (Ray) Stevens Member for Mermaid Beach (LNP)
Hon Scott Stewart Member for Townsville (ALP), Minister for Resources
Mr James (Jimmy) Sullivan Member for Stafford (ALP)
Mr Adrian Tantari Member for Hervey Bay (ALP)
Mr Leslie (Les) Walker Member for Mundingburra (ALP)
Mr Trevor Watts Member for Toowoomba North (LNP)
Mr Patrick (Pat) Weir Member for Condamine (LNP), Shadow Minister for Natural Resources, Mines and Energy
Mr Christopher (Chris) Whiting Member for Bancroft (ALP)

Adapted from Queensland launches drug-driving review, Roadside drug tests for cannabis return false results, research finds, Detection of Δ9 THC in oral fluid following vaporized cannabis with varied cannabidiol (CBD) content: An evaluation of two point-of-collection testing devices, with Member List | Queensland Parliament

Purported Cannabinoid Hyperemesis – Genetics or Pesticides?

Purported Cannabinoid Hyperemesis


“There is no evidence of what exactly is being metabolised differently, or what metabolite
is causing the nausea, or by what mechanism. It may be any component of the
plant or any additive that’s used in the manufacturing and production”,

Dr Mary Clifton, in response to an interview with Dr Ethan Russo, by CelebStoner


When researching supposed ‘inherent cannabis harms’ or ‘safe corporate products’ one must be very, very careful not to discount the possibility of sketchy corporate chemicals or materials being the cause of emerging medical problems, wrote Canadian Cannabis activist and Cannabis Culture author, David Malmo-Levine. He went on to say that there are so many examples of medical problems related to synthetics, or additives, or contaminants, or proprietary medicines or other corporate products that have been hidden or dismissed by an army of ethically-flexible members of the academia who would sell their grandmothers, that it can never be assumed that corporate greed is not a factor in these new health concerns. 

Mandatory Pesticide Testing

In May 2017, Health Canada announced it would require mandatory testing for presence of pesticide active ingredients in all cannabis products before being sold or provided to individuals as a result of some licensed producers using unauthorised pest control products (PCPs). Mandatory cannabis testing for pesticide active ingredients – Requirements and Mandatory cannabis testing for pesticide active ingredients – List and limits came into effect in January, 2019. 

Health Canada conducts sampling and testing of cannabis products from licence holders to provide added assurance Canadians are receiving quality-controlled product and ensure only registered PCPs are used during production. If an unauthorised PCP is used on cannabis intended for sale, Health Canada will take applicable enforcement actions under the Cannabis Regulations which can include seizure and destruction, recall and suspension and/or revocation of licence or issuance of Administrative Monetary Penalty up to $1 million. Compliance actions may also be taken under the Pest Control products Act.

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According to Malmo-Levine, the elixir sulfanilamide and thalidomide tragedies set up the current multi-million dollar safety and efficacy drug testing protocols. These protocols still don’t stop the (on average) 4,500 unsafe drugs making it to market that are later recalled every year in the United States (US), but because of how expensive they are, they keep illegal or stigmatised herbs like cannabis from being considered ‘medicines’ worthy of being subsidised by the Canadian health care system, or considered a medicine worthy of a legal status by the American health care establishment.

Lead is currently found in some cannabis, as a result of either being a contaminant from non-organic/poor farming practices, and, possibly, as an adulterant added on purpose by unscrupulous dealers to increase weight. In 2007, a mass poisoning due to adulteration was uncovered in Leipzig, Germany. Twenty-nine young adults were hospitalised for several months with lead poisoning. They had all smoked cannabis tainted with small lead particles. One police hypothesis was that lead, with its high specific gravity, was used to increase the weight of street cannabis sold by the gram, maximising dealers’ profits.

Lead contamination in cannabis

Researchers estimated the profit per kilogram increased by as much as $1,500 with the lead added. It is common for illicit substances to be cut with less-expensive components to increase the profits of dealers or distributors (e.g., cocaine is routinely adulterated with sugars, talcum powder, magnesium salts and even other drugs). Besides adulteration, cannabis plants have an inherent ability to absorb heavy metals from the soil. This makes them useful for remediating contaminated sites.

But this may also make cannabis dangerous for consumers who ingest it. In fact some cannabis varieties have been bred specifically to remove pollutants from soil, air or water, a method known as phytoremediation. In 2022, around 40% of cannabis products sold at unlicensed storefronts in New York City were found to contain heavy metals (e.g., lead, nickel), pesticides and bacteria. Industry-beholden academics, government regulators and/or corporate media help the polluters resist any expensive, profit-threatening regulations.Hemp project

Greasy academics can be found employed by big pharma, the nuclear and fossil fuel industries, the ‘defence’ industry, and every other major corporate polluter. The world is an environmental nightmare because most academics have sold their souls to the devil. It is within this context the purported Cannabis Hyperemesis Syndrome (CHS) must be investigated. Malmo-Levine began his investigation with an interview featuring Dr Ethan Russo. The New High Society Episode 1: Cannabinoid Hyperemesis Syndrome – A discussion with Dr Ethan Russo.

He wondered if big corporate influence on academia could prevent investigation of the full effects of chemical pesticides and fertilisers on cannabis growing. Could there be efforts to not fund the type of research that would prove or disprove that theory? Dr Russo argued he funded his own investigation into contaminants in cannabis. The fact Dr Russo had to fund it himself instead of the funds being supplied by a benevolent medical system or health-focused industry was evidence that what was actually going on was that the academic establishment and industry were not funding such investigations.

dr_drethanrussoxmolecules_w625_h311


Dr Russo says CHS is a “manifestation of gene–environment interaction in a
rare genetic disease unmasked by a toxic reaction to excessive THC exposure”,

interview with Dr Ethan Russo, by CelebStoner, July 2021


In July 2022, Malmo-Levine emailed Dr Russo and queried if it were true the purported CHS was a result of genetics and how far back did the history of records of the purported CHS symptoms go?

“Have people been puking from too much pot for thousands and thousands of years, or is it a more recent phenomenon? Is it possible that the genetics that result in a puking reaction to smoking lots of pot have also developed recently? I’ve been reading over the anti-pot literature in the mass media over the last 140 years or so very thoroughly and I haven’t come across any mention of puking from pot until very recently. Maybe you have found stuff I missed. DML”.

Ethan Russo’s reply. “Hi, David. Please call me Ethan … You’re right. This does seem to be a recent phenomenon. Perhaps this kind of thing happened among saddhus in India in the past, but when people got sick, they just had the sense to abstain. It is more doubtful that the genetics have changed. The more likely scenario is that a much greater population has access to high-potency material and technology to bombard their system with it. I appreciate your continued interest! Cheers, Ethan”.

marijuana-brain

“Dear Ethan, … Something strikes me as inaccurate about your explanation. ‘The more likely scenario is that a much greater population has access to high-potency material and technology to bombard their system with it’. ‘High-potency material’ includes hashish, does it not? Chris Bennett argues we’ve had that for around 1,000 years. Hashish has been imported into North America by the tonne since the 1980s”.


“According to all sources, only a small fraction of the hashish smuggled into North
America was seized and those who now make arguments that high-potency cannabis
products are a new thing in western nations are obviously talking nonsense”.

David Malmo-Levine


Elephant hashMalmo-Levine continued, “So if it’s true that, since the 1980s, tonnes and tonnes of hashish have been smuggled into North America and all manner of hash pipes, hot knives and other modes of administration have been around to ‘bombard their system with it’, why didn’t CHS also show up in the 1980s? Continually interested, DML”.

“It’s certainly true that high potency material has been available in the past, but the scope of availability has vastly expanded. I cannot document CHS before 1996, and no, it is not from pesticides or neem. Ethan”.

“Your evidence that it doesn’t come from pesticides is the Journal of Emergency Medicine paper: ‘A CASE OF CANNABINOID HYPEREMESIS SYNDROME CAUSED BY SYNTHETIC CANNABINOIDS’ (2012) – correct? If I remember correctly, you argued that because synthetic cannabinoids also caused the syndrome, and there are no pesticides in synthetic cannabinoids, it must not have been pesticides. Did I get that right? DML”.

“Yes and the fact that symptoms from pesticide toxicity don’t match those of CHS. E”.

“You wrote: While synthetic cannabinoids have serious attached morbidity and possible mortality due to off target toxicities, there is no reason to expect pesticide contamination in their manufacture’. When I looked at the source of the article mentioning the synthetic cannabis/CHS link, I found this: ‘The patient provided us with a sample of the ‘synthetic pot’ he had been smoking, which consisted of a packet of dried herbs that he had purchased at a local convenience store’.


A CASE OF CANNABINOID HYPEREMESIS SYNDROME CAUSED BY SYNTHETIC CANNABINOIDS Christopher Y. Hopkins, MD and Brandi L. Gilchrist, MD According to NIDA: ‘What are synthetic cannabinoids? Synthetic cannabinoids are human-made mind-altering chemicals that are either sprayed on dried, shredded plant material so they can be smoked or sold as liquids to be vaporised and inhaled in e-cigarettes and other devices. These products are also known as herbal or liquid incense’.


“Is it not possible that the dried herbs or shredded plant material used as a carrier for the synthetic cannabinoids in the case report were not grown to organic standards? Honestly, I did a gut-check on this, and I can’t for the life of me understand why people who cared so little for their customers that they would supply them with harmful, synthetic pot, would care so much as to spray it on the cleanest, organic herbs. They’re in it to make money – organic fertiliser costs five times as much as synthetic fertiliser”.

Spice

“Isn’t that a reason to suspect pesticide contamination – not in the synthetic cannabinoids they sprayed on the plant material, but in the plant material itself? As far as I could tell, the dried herbs/shredded plant material used in the case report was not tested for pesticides. Still super interested in your insight but unable at this time to arrive at a comfortable conclusion, DML”.

“You have a point, but that is not the only such case. CHS has also been seen with synthetic caps and powders. I know what pesticide toxicity looks like clinically, and am confident that it is not the cause of CHS. Plenty of CHS patients get symptoms from indoor organic cannabis. E”.

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“‘CHS has also been seen with synthetic caps and powders’. If you can show me that the capsules and powders contained no plant material, I will admit that this particular argument has reached a dead end. But, ‘Typically, synthetic cannabinoids are sprayed onto plant matter and are usually smoked, although they have also been ingested as a concentrated liquid form in the US and UK since 2016’. To become a powder or put in a capsule, wouldn’t this liquid material have to be sprayed onto plant matter first?”

“‘I know what pesticide toxicity looks like clinically, and am confident that it is not the cause of CHS’. I don’t understand where that confidence comes from. ‘While it has a relatively low toxicity level, farmers working with myclobutanil have reported the following side effects: rash, headache, diarrhoea, abdominal pain, vomiting, nosebleed and eye irritation’.

‘The hyperemetic phase is characterised by the full syndromal symptoms of CHS, including persistent nausea, vomiting, abdominal pain, and retching’. Two things come to mind: 1) Two symptoms is quite a lot of overlap to argue there is no overlap, and 2) The symptoms of farmer-related pesticide poisoning and smoker-related pesticide poisoning may not be exactly the same”.

Contaminated Cannabis Fungicide


“States have written their own rules about pesticides in cannabis. There is wide variety about which are regulated and how much of a trace can remain in products. It’s unclear how many states require cannabis to be tested for legacy pesticides such as DDT. Washington state’s recent experience with DDE, a remnant chemical remaining in the soil as DDT breaks down, suggests such regulations only go so far in protecting public health”.

“Washington lawmakers this spring directed $200,000 to help the growers fix their soil, as well as $5 million to study how ‘marijuana’ plants absorb toxins, how much is transferred to cannabis products and the potential cost to grow plants in pots or broadly clean the soil in the area”.

The Washington Post, July 2023


“‘Plenty of CHS patients get symptoms from indoor organic cannabis’. And there is plenty of evidence that soil suppliers can be just as greasy as synthetic pot suppliers: Basically, I’m faced with two theories, neither of which have been proven true or proven false beyond a shadow of a doubt. 1) CHS is a genetically-related condition that only manifested in the 1990s because people in the 1980s who smoked hash had the good sense to stop after the onset of effects, but from the mid 1990s onwards they lost that good sense. 2) CHS is pesticide related, and our ability as a community of researchers to understand the pervasiveness of pesticides is not as powerful as our ability to rationalise that it’s not pesticide related”.

“Call me a conspiracy theorist if you must, but the elite deviance and corporate greed that I’ve seen all over the map when it comes to cannabis research and cannabis policy may have had an influence on this debate as well. I am willing to be proven wrong. My mind is always open to that possibility. Respectfully yours (and delighted to continue the conversation if you have the patience for it), DML”.

“David, we’re done for now. You will draw your own conclusions”.Email, 20th July, 2022, 6:39 PMHyperemesis

As a result of the dialogue, Malmo-Levine stated he was left with the feeling that there may be more to the purported CHS than simply a genetic predisposition to get sick on high doses of cannabinoids. Unfortunately, he noted, it may take an academic even more curious than Dr Russo to fund the research needed to find out the truth, because Dr Russo seems to have lost interest – at least temporarily – in confirming his suspicions, and Malmo-Levine very much doubts the industry – or the academic establishment – will fund the research without all kinds of public pressure. But who knows? Perhaps articles like his, being widely circulated and discussed, might help with the public pressure part of the equation.

What is missing from both sides of the above argument is any reference to the original serious misdiagnosis by Dr (James) Hugh Allen, a General Practitioner in South Australia. He needed a study to complete his specialty (anaesthesiology) so reported a ‘new syndrome’ in the November 2004 issue of the journal, Gut. Allen said the illness was reasonably rare, affecting perhaps 1% of chronic users. “But some people are very sensitive to Cannabis”. He said further research was needed to test this. In January 2013, Dr Hugh Allen, MB, BCh, BAO, FRACGP, presented a submission to the New South Wales’ Government ‘Inquiry Into Use of Cannabis for Medical Purposes’.

Dr Allen wrote to remind government of the purported syndrome (having presented no further research on the subject). What (or whom) Allen and his cohorts failed to mention was that one patient did not accede to their advice to abstain from cannabis use (deemed by them to be the cause), post hospitalisation. A herbalist by necessity, they instead chose to seek out ‘clean’ cannabis, guaranteed not to have been grown using the organic pesticide, neem. They continued to use only clean cannabis and the symptoms of the purported hyperemesis syndrome were miraculously ameliorated! This was contrary to the so-called ‘evidence’ presented by Allen and co that cannabis was the culprit of the purported hyperemesis. 

NSW drug charge review

Current and historical misinformation across mainstream western medicine says the ‘alleged disease’ happens with mass use or ‘abuse’ of cannabis. Reality shows this syndrome happens with even low use of heavily contaminated cannabis. When plants are treated with neem in vegetative or early flowering stages, low concentration applications can produce lightly contaminated cannabis. Anecdotally it takes a week or so of constant use for azadirachtin to build up to toxic levels. Gastroenterologist’s in the US were under the impression it took significant amounts of cannabis use to cause the ‘alleged disease’ and were quite surprised to find it can be caused by even small amounts, heavily contaminated with azadirachtin. They were even more surprised to find use of large amounts of cannabis was not an issue, as long as the cannabis was not treated with neem.


The diagnostic criteria for the purported CHS must include the following:

    1. Stereotypical episodic vomiting resembling cyclic vomiting syndrome (CVS) in terms of onset, duration and frequency

    2. Presentation after prolonged use of cannabis

    3. Relief of vomiting episodes by sustained cessation of cannabis use

Interestingly enough, many cannabis friendly doctors across North America report that use of cannabis, admitted to by any patient whom presents with nausea and/or vomiting, abdominal pain etc, is almost immediately recorded as the purported CHS, with no further investigation/s being made, just a misdiagnosis driven by the myth and ideology of prohibition.


A final word on cases like the one referenced by both David Malmo-Levine and Dr Ethan Russo, from October 2012. Another case, Spicing up the Differential for Cyclical Vomiting: A Case of Synthetic-cannabinoid Induced Hyperemesis Syndrome, describes the severe illness of a 22 year old man with aggressive disease induced by JWH-018 and JWH-073 synthetic cannabinoids. Many ingredients are listed on ‘Spice’ packets, with combinations greatly varying in number and concentration, often depending on country of distribution. A packet of Spice called ‘Banana Cream Nuke’ bought in the US had the following ingredients listed: alfalfa, blue violet, nettle leaf, comfrey leaf, Gymnema sylvestre, passionflower leaf, horehound and neem leaf.

Neem fruits

Adapted from Cannabinoid Hyperemesis Syndrome – Genetics, Pesticides, or Both? with Pest Control Products for use on cannabis, Use of Cannabis, can it really be a ‘disorder’? and Azadirachtin, Hyperemesis and Herxing?

Use of Cannabis, can it really be a ‘disorder’?

We used to simply call people stoners, that was enough of a ‘label’. But now we have prohibitionistic terms like the purported ‘cannabis use disorder’. But is this really a thing? Or just more ‘reefer madness’-style, prohibitionistic, fear-mongering?

kush-in-close-up-photography-3676962

Cannabis use goes back thousands of years with no use issues stated, but somehow it became a disorder following legalisation in the United States (US). It’s currently listed in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM [DSM-V from 2013]) which states the qualifications for psychiatric diagnoses. Since there aren’t medical diagnoses for these issues, this guide is meant to tell doctors how to diagnose psychiatric problems. In the previous edition, from 2000-2013 (DSM-IV), cannabis was associated with ‘dependence’ and ‘abuse’.

However in 2013, the DSM-V was officially defunded due to the weakness of the manual, “its lack of validity”. Thomas R. Insel, M.D., Director of the US National Institute of Mental Health at the time, stated, “Unlike our definitions of ischaemic heart disease, lymphoma, or AIDS, the DSM diagnoses are based on a consensus about clusters of clinical symptoms, not any objective laboratory measure”. That consensus was deemed to be missing, whether it ever really existed also remains in doubt, as one consultant for DSM-III conceded about the horse-trading that drove the supposedly ‘evidenced-based’ edition from 1980, “There was very little systematic research and much of the research that existed was really a hodgepodge—scattered, inconsistent, ambiguous.

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Is cannabis use a sign of personal issues? You know, that whole idea of self-medicating? It isn’t that a person wants to be blown out of their mind, it’s that they’re trying to fix a problem, whether consciously or subconsciously. What cannabis use indicates is a discomfort in life and nothing to do with a use disorder, but rather, a reason for use. Most users go through different periods in life with their consumption and many cut down on their own when appropriate, called ‘self-titration’. An actual drug use disorder involves a lack of control to the point of a problem.

“I’ve had times in my life when I wouldn’t go places without a joint rolled or a one-hitter in my pocket. I used to be the one stinking up greyhound buses with my bag of weed stuffed in my backpack … Customary for me to sneak a smoke break in my car at lunch, or to go for a walk and toke up, pretty much whenever possible. My habit might have been irritating to those who didn’t understand my desire to constantly be high. But the truth is, I never had to do it. If a situation arose whereby I couldn’t have weed, I might have complained, but it was more of a superficial thing. My body wasn’t upset by not getting it. I didn’t go into DTs, or get incredibly sick. I wasn’t irritable and in a generally bad mood; and if I was, it was related to me, not the weed. Because I was never addicted to it. It also never messed anything up for me. I never prostituted myself to get it, robbed anyone or anything for the money, or missed out on something because of it. It didn’t cause me to fail out of school, lose friends, or become a social outcast”.  Sarah Friedman, Cannadelics

A medical diagnosis is based on objective information, not subjectivity

A medical diagnosis is based on objective information, not subjectivity. If you go to a doctor with a urinary tract infection, that infection is tested for and the diagnosis made based on the results of the tests. As in, it’s a verifiable problem, for which a medication exists to treat it. There’s 100% no subjectivity there. These are objective tests. This is the same for any medical issue, with a medical definition. Cancer is definable, the flu is definable, a broken bone is definable, a genetic mutation is definable.

In order for the medical community to prescribe you a medication for anything, they legally need a reason to do it. That reason comes as a diagnosis that creates a need for a treatment, which is then prescribed as a medication. The diagnosis acts as a justification to allow the patient to have a specific medication. A doctor can’t prescribe a medication that requires a prescription, without that justification.

Then we get to psychiatric disorders and the process is the same, but with one not-so-minor stipulation which gets constantly steamrolled over. Psychiatric conditions have no medical diagnosis. There’s nothing to verify they exist and no way to test for them, or differentiate them. Now, if you’re thinking ‘I’m sure that doctors can test and diagnose issues like schizophrenia’, the sad truth is they uniformly cannot, as there is no true verification method. All diagnoses therefore come from the opinion of each specific doctor. They are only subjective, with absolutely no objectivity involved.

objective-vs-subjective-meaning_27c5571306

Ever heard of two doctors having two different opinions? Happens all the time! And that can mean two wildly different diagnoses depending on the specific beliefs of the individual doctors. And two wildly different medications prescribed, that can have wildly different effects. Breast cancer is breast cancer no matter which doctor you go to. But depression might be depression to one, bi-polar to another and a personality disorder to a third. All the doctors will pick up on what they see, which is usually centred on their ideas and beliefs. Now think of how opinionated most doctors are.

So does cannabis use disorder actually exist? Think about it. Have YOU;

  • ever seen an actual example of the purported cannabis use disorder? Someone compelled to use, like life is lacking because of use, or out-of-control in their ability to use or not use? Think of the people around you. Do they seem out-of-control on weed? Unable to make decisions? Unable to stop using more? 
  • seen it fundamentally mess up another person’s life? Job lost, partner left, family leaves them behind?
  • seen anyone destitute on the side of the road because they just couldn’t stop smoking weed?
  • heard of a store being burglarised because of it, or a person performing sexual acts to get it?
  • watched person after person, unable to stop using weed? Trying to quit repeatedly, unable to consume less, or stop at all?
  • ever heard anyone talk about needing an AA style meeting, or a counsellor to get them through? Has anyone ever disclosed to you their painful experience of trying to leave weed behind?

NO is the answer to all of the above when it comes to use of herbal Cannabis sativa L. Modern drug researchers have a lot to answer for when it comes to synthetics, however, which should never be referred to as cannabinoids, because they simply aren’t!

teens-having-fun
“If I can go this long without seeing something that mirrors the conditions of this disorder, than far as I can tell, it’s pretty much the last thing you’ve got to worry about”, wrote Sarah Friedman, for Cannadelics (US).


Adapted from Is Cannabis Use Disorder Really a Thing? with Cannabis, Lies in Law, Lawyers and the Law-Makers 

Senators Unsupportive of Home-grow Amnesty for Australia

Prohibition does NOT stop people from using Cannabis

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As recently reported by Marijuana.com.au, for the first time, a home-grow amnesty provision was voted on in an Australian house of parliament. For comparison, it was noted that ‘Same-sex marriage’ in Australia took 22 attempts to pass necessary legislation (Marriage Amendment [Definition and Religious Freedoms] Act 2017). With regard to the Narcotic Drugs (Licence Charges) Amendment Bill 2022 (the Bill), Hansard recorded that an independent review of the Narcotic Drugs Act 1967 was commissioned and undertaken in 2019. The McMillan review resulted in 26 recommendations to amend and improve the medicinal cannabis licensing and permits framework in Australia, to which, government agreed in principle.

This included introduction of a single licence model for medicinal cannabis regulation, replacing the three-licence model to simplify the regime’, commencing 24 December, 2021. In summary, the Narcotic Drugs (Licence Charges) Act 2016 amendment is to: provide that regulations may prescribe matters that will be the subject of multiple separate charges, which may be incurred by a licence holder during a particular charging period; and enable the regulations to specify an amount of a charge or a method for working out a charge’. This bureaucratese makes for provisions that allow government to introduce more and higher fees and charges to companies in the sector for licences, permits and approvals.

“Your weed is about to get even more expensive, thanks
to Labor holding hands with Lambie and the Liberals”.

Marijuana.com.au

Renewed push for leglasing cannabis

On 24 November, 2022, the Australian Greens introduced a further amendment to the Bill, when New South Wales Senator David Shoebridge moved that the Senate add; 

“, but the Senate:
(a) notes that:
    (I) in 2020 the Community Affairs References Committee, as part of its inquiry into the current barriers to patient access to medicinal cannabis in Australia, concluded that ‘the significant costs associated with accessing medicinal cannabis legally are causing a large number of Australians to purchase or grow illicit cannabis for self-medication’, and
    (ii) the committee recommended that the Government encourage a review of state and territory criminal legislation in relation to amnesties for the possession and/or cultivation of cannabis for genuine personal medicinal use; and
(b) calls on the Government to work with state and territory governments to develop a nationwide amnesty from criminal prosecution for people who have a legitimate medicinal cannabis prescription and are home growing cannabis for their personal use”.

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This amendment was engendered by the List of Recommendations from the Senate Inquiry held into the Current barriers to patient access to medicinal cannabis in Australia in 2019/20. Specifically, Recommendation 20:

5.107
The committee recommends that the Australian Government, through COAG, encourage a review of state and territory criminal legislation in relation to:
amnesties for the possession and/or cultivation of cannabis for genuine self-medication purposes; and
current drug driving laws and their implications for patients with legal medicinal cannabis prescriptions.

COAG is the Council of Australian Governments.

Adding this amendment to the Bill could have made such a huge difference to the quality of life of many of the Senators constituents whom are currently obtaining illicit cannabis for what ails them. If only those with the capacity to make change in federal parliament were interested enough to show up, let alone instigate already debated  recommendations. Its patently obvious that aside from the Greens and obviously Legalise Cannabis, theyre not really interested. They cant even treat the matter of a lack of access for many thousands of their constituents whom want cannabis as their medicine with the urgency it deserves. The vote on the Greens amendment to the Bill on 24 November revealed that 32 Senators were no-shows*. Heres the list showing the 44 (of 76) Senators who actually voted.

Noting that not all the Senators are required to be in the Chamber when the Senate is sitting (quorum is only 19*) and debate frequently proceeds with fewer present. The Senators can follow proceedings on radio and television from their offices and when required in the Chamber to form a quorum can be summoned by ringing of the bells. However, all the Senators on the no-shows list (below) could have been in parliament to vote, so why weren’t they? Please feel free to reach out to them (email address and a guide to contacting Senators provided below) and ask them why they didn’t avail themselves of the chance to cast a vote on such an historically important and well-overdue amendment to encourage a review of state and territory criminal legislation in relation to amnesties for the possession and/or cultivation of cannabis for genuine self-medication purposes and current drug driving laws and their implications for patients with legal medicinal cannabis prescriptions’.

You could remind the Senators that in 2020 the Community Affairs References Committee, as part of its inquiry into the Current barriers to patient access to medicinal cannabis in Australia, concluded ‘the significant costs associated with accessing medicinal cannabis legally are causing a large number of Australians to purchase or grow illicit cannabis for self-medication’You could also note that research from the University of Sydney’s Lambert Initiative found most Australians are still medicating with illicit cannabis, even though people accessing prescription products had risen with around 37% of respondents reporting prescription use in 2020 – compared to 2.5% in 2018.

Those who only used prescription cannabis tended to
be older, female and less likely to be employed.

According to the Lambert Initiative, despite the large increase in patients receiving prescribed products in the last two years, only 24% of prescribed patients agreed the current model for accessing medicinal cannabis was easy or straightforward. A barrier identified by most respondents was the cost of accessing medicinal cannabis, with an average cost of $79 per week. People using illicit medical cannabis also cited an inability to find medical practitioners who are willing to prescribe.lambert-initiative-logo-rev-cmyk


List of Senators
NOT in attendance on 24 November, 2022

Guidelines for contacting Senators


Ralph Babet Vic UAP senator.babet@aph.gov.au

Simon Birmingham SA LP senator.birmingham@aph.gov.au

Andrew Bragg NSW LP senator.bragg@aph.gov.au

Slade Brockman WA LP senator.brockman@aph.gov.au

Ross Cadell NSW Nats senator.cadell@aph.gov.au

Michaelia Cash WA LP senator.cash@aph.gov.au

Claire Chandler Tas LP senator.chandler@aph.gov.au

Richard Colbeck Vic ALP senator.colbeck@aph.gov.au

Perin Davey NSW Nats senator.davey@aph.gov.au

David Fawcett SA LP senator.fawcett@aph.gov.au

Katy Gallagher ACT ALP Minister Public Service Women Finance senator.katy.gallagher@aph.gov.au

Pauline Hanson Qld PHON senator.hanson@aph.gov.au

Sarah Henderson Vic LP senator.henderson@aph.gov.au

Hollie Hughes NSW LP senator.hughes@aph.gov.au

Jane Hume Vic LP senator.hume@aph.gov.au

Kerryanne Liddle SA LP senator.liddle@aph.gov.au

Susan McDonald Qld LNP senator.mcdonald@aph.gov.au

James McGrath Qld LNP senator.mcgrath@aph.gov.au

Bridget McKenzie Vic Nats (Leader Nat’s in Senate) senator.mckenzie@aph.gov.au

Jim Molan NSW LP senator.molan@aph.gov.au

Deborah O’Neill NSW ALP senator.oneill@aph.gov.au

Matt O’Sullivan WA LP (Dep Opp. Whip/Senate) senator.matt.o’sullivan@aph.gov.au

James Paterson Vic LP senator.paterson@aph.gov.au

Marise Payne NSW LP senator.payne@aph.gov.au

Gerard Rennick Qld LNP senator.rennick@aph.gov.au

Linda Reynolds WA LP senator.reynolds@aph.gov.au

Anne Ruston SA LP (Mgr Opp. Business in Senate) senator.ruston@aph.gov.au

Dean Smith WA LP senator.smith@aph.gov.au

Jana Stewart Vic ALP senator.stewart@aph.gov.au

Lidia Thorpe Vic AG senator.thorpe@aph.gov.au

David Van Vic LP senator.van@aph.gov.au

Penny Wong SA ALP Minister Foreign Affairs (Leader Gov’t in Senate) senator.wong@aph.gov.au


peo_composition-senate-1-7-22


The Senate Community Affairs References Committee
Current barriers to patient access to medicinal cannabis in Australia (2020)

List of Recommendations

Recommendation 1
2.56 The committee recommends that the Department of Health, in collaboration with the Australian Medical Association, the Royal Australian College of General Practitioners and other specialist colleges and health professional bodies, develop targeted education and public awareness campaigns to reduce the stigma around medicinal cannabis within the community.

Recommendation 2
2.59 The committee recommends that the Department of Health allocate funds to relevant medical colleges and peak bodies to support the development and delivery of accredited face-to-face and online training programs on medicinal cannabis for medical practitioners.

Recommendation 3
2.61 The committee recommends that the Australian Medical Council, as part of its role in the accreditation of Australian medical education providers, make mandatory the inclusion of modules on the endocannabinoid system and medicinal cannabis in curriculums delivered by primary medical programs (medical schools).

Recommendation 4
2.64 The committee recommends that the Department of Health commission the development of a suite of printed and online resources for patients, aimed at explaining the regulatory framework and process to access medicinal cannabis.

Recommendation 5
3.94 The committee recommends that, if after 12 months from the tabling of this report the Commonwealth Government through the Therapeutic Goods Administration has failed to address the barriers to appropriate, regulated patient access to medicinal cannabis in Australia, a new Independent Regulator be considered, using the Regulator of Medicinal Cannabis Bill 2014 as a basis.

Recommendation 6
3.105 The committee recommends that the Therapeutic Goods Administration review and improve its online resources for health professionals relating to the regulations and processes for prescribing medicinal cannabis through the Special Access Scheme and Authorised Prescriber pathways.

Recommendation 7
3.107 The committee recommends that the Therapeutic Goods Administration immediately clarify the clinical justification requirements of Special Access Scheme Category B in its instructions to prescribers.

Recommendation 8
3.109 The committee recommends that the Department of Health make amendments to the Special Access Scheme Category B pathway to allow for approval of:
 multiple medicinal cannabis products in a single application; and/or
 medicinal cannabis as a class of drug for the treatment of a patient for a particular indication.

Recommendation 9
3.113 The committee recommends that the Department of Health modify the operation of the Authorised Prescriber scheme for health professionals seeking to prescribe medicinal cannabis to ensure that:
 completion of an accredited medicinal cannabis course be a requirement to obtain Authorised Prescriber status;
 relevant specialist colleges be resourced to grant Authorised Prescriber status to their members;
 the pathway to authorised prescriber status through the National Institute of Integrative Medicine be clarified and communicated to doctors; and
 authority be granted to prescribe all medicinal cannabis products, rather than on a product-by-product basis.

Recommendation 10
3.156 The committee recommends that the COAG Health Council develop a National Framework for Medicinal Cannabis Access to set out goals for further harmonisation of Commonwealth, state and territory legislation to ensure that there are appropriate, clear and consistent regulatory pathways for accessing medicinal cannabis in Australian into the future.

Recommendation 11
3.158 The committee recommends that the Tasmanian Government immediately join all other jurisdictions in participating in the Therapeutic Goods Administration’s single national online application pathway for accessing unregistered medicinal cannabis and reducing state-based requirements for medicinal cannabis approval.

Recommendation 12
4.55 The committee recommends that the Therapeutic Goods Administration, as a matter of priority, conduct broad public consultation on the future scheduling of cannabidiol and other non-psychoactive cannabinoids.

Recommendation 13
4.58 The committee further recommends that, as soon as practicable after a safety review and public consultation process is completed, the Department of Health make any appropriate application to the Advisory Committee on Medicines Scheduling in relation to the down-scheduling or de-scheduling of cannabidiol and other non-psychoactive cannabinoids.

Recommendation 14
4.112 The committee recommends the Australian Government immediately review the resourcing and staffing levels of the Office of Drug Control to ensure licence applications are processed without delays.

Recommendation 15
4.115 The committee recommends the Australian Government support the World Health Organization Expert Committee on Drug Dependence’s recommendations for changes to the scheduling of cannabis and cannabisrelated substances in international drug control conventions.

Recommendation 16
4.116 The committee recommends the Department of Health, through the Therapeutic Goods Administration and the Office of Drug Control, continue to monitor how any future changes to Australia’s obligations under international drug control conventions can facilitate streamlining regulations relating to the scheduling, approval, manufacture and handling of cannabis.

Recommendation 17
5.92 The committee recommends that the Medicare Benefits Scheme Review Taskforce accept the General Practice and Primary Care Clinical Committee’s recommendation to introduce a ‘Level E’ consultation item for general practice consultations of 60 minutes or longer, and includes this item in recommendations to the Australian Government relating to changes to Medicare Benefits Scheme items for primary care.

Recommendation 18
5.100 The committee recommends that medicinal cannabis industry peak bodies, such as Medicinal Cannabis Industry Australia and the Medical Cannabis Council, work with their members to implement compassionate pricing models for patients facing significant financial hardship in accessing medicinal cannabis products to treat their health conditions.

Recommendation 19
5.103 The committee recommends that, until medicinal cannabis products are subsidised though the Pharmaceutical Benefits Scheme, the Australian Government:
 investigate the establishment of a Commonwealth Compassionate Access Subsidy Scheme for medicinal cannabis, in consultation with industry and based on the best available evidence of efficacy for certain conditions; and
 encourage all states and territories, through the COAG Health Council, to expand the provision of their own Compassionate Access Schemes to patients requiring treatment with medicinal cannabis.

Recommendation 20
5.107 The committee recommends that the Australian Government, through COAG, encourage a review of state and territory criminal legislation in relation to:
 amnesties for the possession and/or cultivation of cannabis for genuine self-medication purposes; and
 current drug driving laws and their implications for patients with legal medicinal cannabis prescriptions.

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International Research on Cannabis-Impaired Driving

ICADTS_logo

The International Council on Alcohol, Drugs & Traffic Safety (ICADTS) released a series of fact sheets summarising the latest research about cannabis-impaired driving to help inform policy-makers. Developed in consultation with leading impaired driving researchers from 11 countries representing the ICADTS Drugged Driving Work Group it is co-chaired by Maastricht University (Netherlands), the Traffic Injury Research Foundation (TIRF/Canada) and Swinburne University of Technology (Australia). This group aimed to answer questions commonly raised around the globe with fact sheets to clarify important research findings, help ensure development and implementation of cannabis-impaired driving policy and develop legislation that is appropriate and informed by science.

As of 2022, many countries have legalised recreational and/or medical cannabis use including Canada, Georgia, Malta, Mexico, South Africa and Uruguay. In the United States, cannabis is legal in 19 states, two territories and the District of Columbia. Many more jurisdictions, such as Germany, are contemplating such a move and this global trend is likely to continue. “Unlike alcohol, the research regarding the impairing effects of Δ9-Tetrahydrocannabinol (THC) on driving is much more complex because cannabis does not have a clear concentration-effect response”, said Jan Ramaekers, Professor, Maastricht University and former ICADTS president. “This means it’s difficult to conclude whether a specific THC concentration is indicative of driving impairment in an individual, making policy decisions much more complex”.

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To date, a variety of legal approaches have been adopted by different jurisdictions to tackle the impaired driving issue. Some opted for zero-tolerance laws, others relied on behavioural measures of impairment and still others implemented specific per se limits in law. The latter approach is more consistent with existing alcohol-impaired driving laws. The application of these laws is further impacted by whether recreational and/or medical cannabis use is deemed legal or not. “With alcohol, a blood alcohol concentration (BAC) accurately reflects the amount of alcohol consumed … research shows as BAC rises, so does the level of impairment”, says Robyn Robertson, President & CEO, TIRF. “However, THC concentrations do not accurately reflect the amount of cannabis consumed or the level of impairment of individual drivers … As such, it’s critical for legislators to recognise important limitations of the science to ensure laws are appropriate and enforceable”.

Drug testing

Some of the most important facts for policy-makers to be aware of, include:

  • Cannabis impairs driving, although the degree of impairment it produces varies substantially depending on the dose, the individual and other factors.

  • Cannabis, when consumed alone, is associated with a modest increase in crash risk at the population level according to most studies which compared presence versus absence of cannabis.

  • A driver testing positive for THC is insufficient to conclude driving impairment. Any impairment is dependent on not only dose and route of administration but also frequency of use and whether cannabis has been consumed alone or in combination with alcohol or other substances.

  • Alcohol and cannabis produce different patterns of impairing effects.
  • The combined effect of alcohol, even in low concentrations, and cannabis is particularly dangerous for driving.

  • The length of time needed to recover from cannabis impairment is not fixed and depends on various factors, such as biological characteristics of consumers, type of cannabis consumed, dose and method of ingestion.

dresection2

Many jurisdictions have implemented a multi-faceted approach to detecting and measuring impairment. Important tools include oral fluid devices, behavioural assessments such as the Drug Recognition Expert (DRE) program (widespread in Canada and the US) and robust standards to guide the toxicological analysis of body fluids and interpretation of results. “When it comes to cannabis, there is very little consistency in how jurisdictions manage the issue of impaired driving”, notes Thomas Arkell, Research Fellow, Swinburne University of Technology. “A priority moving forward is establishing greater uniformity in the types of tools used to assess impairment and the way in which results are recorded. This would allow us to pool data from different jurisdictions and better assess the impact of expanding legalisation on traffic safety. It would also help accelerate learning to enable researchers to provide clearer answers to policy-makers on important legislative issues”.Driving high, marijuana and car key isolated on white

Cannabis & Driving Fact Sheets:

ICADTS aims to address road safety, with a focus on preventing and reducing traffic crashes caused by driving under the influence of cannabis. This approach demands a different approach from drug control strategies designed to reduce illicit cannabis use in the general population. In jurisdictions where cannabis is entirely illicit, drug control might be prioritised over road safety. That is, a positive result on a biological test may result in a penalty for driving under the influence, regardless of the degree of impairment. However, as an increasing number of jurisdictions no longer prohibit cannabis use, we need to develop effective road safety policies that distinguish between cannabis-impaired driving and the prior use of cannabis only. This is especially pertinent with the increasing use of cannabinoid products as prescription medicines (i.e. medical cannabis).

Cannabis sativa drawing

Cannabis refers to products including and derived from the flowering and fruiting tops of the Cannabis sativa plant which comprises over 140 unique cannabinoids, but scientific knowledge is limited. The quantity of each cannabinoid can vary greatly depending on plant variety and growing technique. The two most abundant are tetrahydrocannabinolic acid (THCA) and cannabidiolic acid (CBDA). When these cannabinoid acids are decarboxylated through heating, such as smoking, vaporising or baking into edibles, they are converted into psychoactive compounds THC and cannabidiol (CBD). According to a recent systematic review and meta-analysis, consumption of THC can impair driving ability. Limited evidence indicates consumption of CBD does not appear to impair driving ability. Driving under the influence of cannabis should therefore be interpreted as driving under the influence of THC. This is an important consideration with respect to impaired driving legislation as low-THC cannabis and CBD products are increasingly promoted globally for their supposed wellness properties.

Driving is a complex and demanding task that involves a wide range of cognitive, perceptual and motor functions. The most common measure of driving performance is the standard deviation of lateral position (SDLP), a measure of lane weaving, swerving and over-correcting. It is very sensitive to alcohol and drug effects. The change in SDLP associated with a blood alcohol concentration (BAC) of 0.05 is widely used as the benchmark for clinically relevant driving impairment, and the legal driving limit in many jurisdictions. Other common measures include reaction time, speed and headway (distance a driver leaves between their vehicle and the vehicle ahead). In order to make sense of discrepant findings a rigorous systematic review and meta-analysis conducted in 2022 found that although cannabis led to slower driving speeds it nonetheless negatively affected lateral control of the vehicle, such that drivers under the influence of cannabis tended to weave more within their lane.Medical cannabis and driving

However, there was insufficient evidence “cannabis reliably changes rates of crashes, hazard reaction time (RT), headway, variability, time out of lane, speed variability, speed exceedances or time speeding”. Overall, this meta-analysis indicates cannabis does impair driving, even despite slowed driving speeds, but more research is required to fully characterise how cannabis affects driving. In a recent on-road driving study involving occasional cannabis consumers, participants who vaporised 13.75mg THC were, on average, safe to drive by 4-5 hours. This was confirmed by a recent review which showed impairment typically passes within ~5 hours of inhaling 20mg THC and ~8 hours after ingesting 20mg THC. Importantly, impairment recovery times may be shorter or longer depending on THC dose, experience of consumer and how they consume it. When cannabis is ingested, impairment lasts longer and it takes longer to recover because of the way THC is absorbed and metabolised compared with when inhaled.

In a 2022 comparison of the effects of cannabis to those of alcohol on driving performance and behaviour, the effect of cannabis was deemed similar to low levels of alcohol (e.g. a BAC up to 0.05). Most experimental studies involve standard doses of THC administered through smoking or vaporisation with the goal of achieving measurable and substantial impairment in an individual. Much less is known about the effects of cannabis on driving in patients using medical cannabis in the real world with individually tailored doses of THC or CBD. Further research is also needed to better understand how different doses of cannabis affect driving in new, occasional and chronic or frequent consumers. Also, cannabis is often taken in combination with other substances. There is a body of research examining the combined effects of THC and alcohol but much less is known about the effects of using THC and CBD with other commonly prescribed medications such as opioids, sedating antidepressants, benzodiazepines etc.Legal weed not hurting beer industry

In roadside surveys, THC is typically the most commonly detected recreational substance after alcohol. The prevalence of THC positive drivers varies from country to country, depending on the legal status of medical and/or recreational cannabis, the availability of cannabis, prevalence of cannabis use in the general population, traffic laws and their enforcement, and driving culture. A recent systematic review indicates those who use drugs and drive – and those who use cannabis and drive – are more likely to be younger and male. Cannabis, when consumed alone, is associated with a modest increase in crash risk at the population level according to most studies which compared the presence versus the absence of cannabis. The crash risk associated with alcohol is much higher than cannabis.

In older studies, cannabis exposure was often based on the presence of THC-COOH, an inactive THC metabolite that does not indicate either recent cannabis use or impairment. A number of studies of fatally injured drivers relied on post-mortem THC concentrations, difficult to interpret because THC undergoes unpredictable post-mortem redistribution. THC concentrations in post-mortem blood correlate poorly with THC concentrations at time of death. More recent studies defined cannabis exposure using the presence of THC in blood or oral fluid but the presence of THC in blood or oral fluid does not necessarily indicate acute impairment or even recent use. This is partly due to the complex pharmacokinetic profile of cannabis. As a general rule, higher concentrations of a substance are more likely to indicate impairment, but the relationship varies greatly from person to person. A low-THC concentration may not be associated with noticeable impairment in frequent, heavy consumers but could be associated with substantial impairment in people who use cannabis occasionally.

entourage-effect-featured_2106x

At the population level, the higher the THC concentrations in blood, the greater the fraction of cannabis consumers who show impairment. This association is clearest in occasional cannabis consumers and may differ in chronic frequent cannabis consumers who develop partial tolerance to the effects of THC. However, at the individual level, it is difficult to predict impairment in individual drivers. At the population level, the fraction of cannabis consumers who show any degree of impairment increases with higher THC concentrations in blood. At the individual level, the association between THC concentration and driving performance is difficult to measure. A dissociation between blood THC concentrations and impact on psychomotor function and cognition exists for several reasons.

Positive oral fluid test results may indicate recent cannabis use because test sensitivity is usually limited to a few hours after smoking (the time depending upon the detection threshold of the device). THC in oral fluid primarily represents coating of the mouth after inhalation of smoke or vapour. It is not associated with THC concentrations in blood or driver performance. Two to four hours after cannabis intake, coating of the oral fluid dissipates and oral fluid THC concentrations approximately parallel blood THC concentrations, but not at the same levels.

ROADSIDE DRUG TESTING



We cannot accurately predict blood concentrations of THC from oral fluid
concentrations because of high intra-subject and inter-subject variability.



Driving under the influence of alcohol is defined by a specified (per se) blood alcohol concentration (BAC) in many jurisdictions, even though not all drivers will be impaired at this level. Other offences, such as dangerous driving, fatigued driving or distracted driving, are less clearly defined. Determinations are left to the judgement of road safety authorities, experts and the judicial system. Cannabis-impaired driving may be defined using either approach. Understandably, law enforcement and road safety agencies would like to have a numerical concentration (per se) limit for THC that is analogous to a BAC limit for alcohol. THC concentrations in the body, however, do not accurately reflect the magnitude of cannabis-related impairment. Jurisdictions which give a priority to protecting drivers’ rights are generally reluctant to establish a per se limit because it is difficult to defend.

Jurisdictions which place a greater emphasis on protecting the safety of the broader population have in some cases defined per se limits which they consider sufficiently evidence-based for their purposes. Policy-makers will need to interpret the available scientific evidence in the context of their local societal and cultural values to decide how to balance these competing risks. Jurisdictions may use toxicological or behavioural tests, or a combination of both to identify cannabis-impaired drivers. Extant per se limits for cannabis generally relate to THC concentrations in blood, with thresholds ranging from 0.5-5 ng/mL. Taking and testing blood is invasive and often requires justification (e.g. prima facie evidence of driver impairment). It also requires special training for those tasked with taking blood and for these reasons it is rarely done roadside. The severity of the offence (e.g. administrative, minor or major criminal, felony) may also affect testing procedures. Some countries have introduced graduated offences that impose:
• a lower penalty for low concentrations of THC;
• a higher penalty for a defined blood/oral fluid (OF) THC concentration; and/or,
• even greater penalties for higher THC concentrations or clear evidence of impaired driving.

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As with alcohol, some countries impose per se restrictions on drug-impaired driving according to specific driver categories (novice or young drivers, heavy truck drivers). The severity of the offence may be reflected in the classification and in the severity of punishment (i.e. administrative offences, minor to more serious criminal offences, fines or prison sentences). Medical cannabis consumers should not be subject to THC zero-tolerance laws that make it illegal to drive with any detectable level of THC, as is the case with some other types of impairing medications, but they should still be subject to impaired driving laws. A different limit or threshold should be considered for medical cannabis consumers when drivers can provide evidence their cannabis use is legal and prescribed. It would be desirable to have ways for police to identify medical consumers for enforcement purposes.

As with other medicines, a medical exemption does not protect drivers from impaired driving offences. Legislation regarding medical exemptions requires consideration of both the road safety context and regulatory protocols specific to the jurisdiction. Policy-makers should be aware that legislation concerning medical cannabis use may influence limits for cannabis-impaired driving in the broader population. Few studies have directly assessed the effects of medical cannabis use on driving. Some evidence suggests cannabis has few effects on driving ability when used therapeutically under medical supervision. This may be due to symptom improvement, a reduction in the use of other impairing medications, or reflect different patterns of use (e.g. frequency of use, type of product used, amount used) when compared with non-medical cannabis use.

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In the Netherlands, medical use of cannabis is assigned to category II (not safe for driving). Most countries still consider punishment as the main form of deterrence (e.g. a fine or suspension of licence). Per se and zero-tolerance limits require less police training and are often considered simpler to enforce. As mentioned above, however zero-tolerance laws are inappropriate in the case of medical cannabis use. It has been difficult to measure the effects of enforcing per se limits on the prevalence of drug-impaired driving and rates of recidivism. Evidence that punishment is an effective deterrent is sparse. Prison sentences have not been found to consistently reduce the prevalence of impaired driving.

To date, most experimental studies of the effects of cannabis on driving have been conducted on healthy young drivers who use cannabis recreationally. By contrast, people who use cannabis medically typically use more frequently than recreational consumers and, as a result, may develop pharmacological and behavioural tolerance to the effects of THC. In a study of occasional (less than once per week) versus heavy (primarily daily) cannabis consumers, there was no difference between groups in the subjective high experienced after a 10mg and 20mg dose of synthetic, medical THC. However, driving performance was impaired only among occasional consumers. This suggests people who use cannabis more frequently may be less susceptible to its acute impairing effects. Chronic consumers may, however, consume higher doses of THC to overcome their tolerance, in which case cannabis-related driving impairment could occur.

marijuana-leaf-driving

Results from other studies likewise suggest individuals develop tolerance to the effects of cannabis over time. For instance, when cannabis naive patients received their first dose of medical cannabis, they showed poorer performance on a range of driving-related cognitive tasks. However, patients treated with cannabis for at least a few weeks with a stable dose showed no decline in neurocognitive performance and actually performed better in some cases than they did before commencing treatment. It is important to note none of these studies assessed driving performance directly (i.e. by using a simulator or on-road driving). Those who use cannabis medically should do so under the supervision of a qualified medical professional. They are advised to titrate doses upward slowly as needed and as approved by a medical professional. They should refrain from driving in the first two weeks after initiation of cannabis use and after each increase in dose. They should also be made aware of legislation pertaining to medical use of cannabis in their jurisdiction.

Adapted from Addressing cannabis-impaired driving: International researchers join forces to help inform policy and legislation globally

The International Council on Alcohol, Drugs & Traffic Safety (ICADTS) is an independent not-for-profit body whose only goal is to reduce mortality and morbidity brought about by misuse of alcohol and drugs by operators of vehicles in all modes of transport. To accomplish this goal, the Council sponsors international and regional conferences to collect, disseminate and share essential information among professionals in the fields of law, medicine, public health, economics, law enforcement, public information and education, human factors and public policy.

The Traffic Injury Research Foundation‘s vision is to ensure people using roads make it home safely every day by eliminating road deaths, serious injuries and their social costs. TIRF’s mission is to be the knowledge source for safe road users and a world leader in research, program and policy development, evaluation and knowledge transfer. TIRF is a registered charity and depends on grants, awards and donations.

Canada Should’ve Just Removed Cannabis From The Criminal Code



On 17 October, 2018, recreational cannabis was legalised in Canada. If you are of legal age and are
travelling within Canada, you can possess up to 30 grams, dried cannabis (domestic flights included).


Amending the Cannabis ActThe Canadian Federal government says they will review and amend the Cannabis Act (Bill C-45) as soon as possible. But the deadline to begin the review passed, eight months ago. Scheduled for October 2021, Health Canada won’t comment on when the review will occur, only that any amending will come from a “credible, evidence-driven process”. Health Canada also said the review could take up to 18 months. The latest Federal budget promised a cannabis industry round-table, but no details have been released. However, some remain sceptical that meetings between government bureaucrats and industry insiders will do anything except help out the larger producers at the expense of the smaller craft companies.

So, will a review and amendment of the Cannabis Act work out in everyone’s favour? So far, the Federal government plans to update the Cannabis Act through some regulatory changes that Health Canada will be taking the lead on. These regulatory changes include:

◊ Allowing the sale of certain health products containing cannabis without a prescription;
◊ Amending the regulations to “facilitate cannabis research for non-therapeutic purposes”;
◊ Amending Cannabis Act regulations to “restrict the production, sale, promotion, packaging or labelling of inhaled cannabis extracts with certain flavours, other than the flavour of cannabis”;
◊ Cutting back on regulatory paperwork “to simplify and reduce requirements related to record keeping, reporting and notifications and to provide more flexibility in meeting certain requirements related to matters such as antimicrobial treatment”;
◊ Increasing the possession limit for cannabis beverages (no indication of raising the THC limit or abandoning it altogether).

Health Canada says these changes are unlikely to be ready until the end of the year. Buying cannabis health products without a prescription is a step in the right direction. But the typical attitude of Health Canada bureaucrats is that public health and safety trump personal autonomy. So the agency will now be targeting cannabis producers promoting terpene profiles that they’ve decided are not “flavours of cannabis”.

Mackenzie-King

In 1923, Canada added cannabis to the list of prohibited drugs classified
in the Opium and Narcotics Drug Act. Remembered as the ‘Father
of Prohibition’, Prime Minister Mackenzie King pushed for
the legislation to go through; making Canada one
of the first countries to legally outlaw cannabis.

But why bother amending the Cannabis Act when the Federal government should scrap it altogether? The entire ‘Liberal Legalisation’ scheme has insulted the Western legal tradition of free markets and the rule of law. All they needed to do was remove cannabis from the Criminal Code. Canada already had laws, tort (infringement of rights) and criminal law provided security, while contract, property and commercial law facilitated cooperation and exchange. These laws were procedural and not preemptively created by politicians, whom certainly don’t need to draft any new legislation to create weed-moneymore roles for their already over-inflated, taxpayer-funded bureaucracy. Politics should not, again, enter the picture. Canada doesn’t need parliamentarians constantly creating new laws and regulations and then empowering expensive bureaucracies to enforce them.

Major hurdles for small craft producers continue to include:

◊ Barriers to entry because of the high costs of bureaucracy;
◊ Arbitrary rules on some products, such as THC limits on edibles and capsules;
◊ How the Licensed Producers (LPs) can tap equity markets and starve out their competition who are malnourished because;
◊ Excise taxes ensure Canada won’t ever have a middle-class of cannabis producers.



Owen SmithIn 2000, the Supreme Court of Canada ruled Canadians had the constitutional right to use cannabis as medicine. This change in the law gave medical patients the right to use bud and plant material only. In 2012 in Victoria, British Columbia (BC), a medical cannabis bakery was busted by police. The baker, Owen Smith, was arrested and charged with trafficking. Thankfully, he fought the charges. The 2015 court decision from R v Smith, that medical cannabis can be used in any form, instead of only dried flower etc, established the right to use edibles, topicals and concentrates legally under Canadian law.



The Supreme Court of Canada (SCC) held the restriction, only allowing possession of medical ‘marihuana’ in its dry form, infringed on the rights to liberty and security under Section 7 (Life, liberty and security of person) of the Canadian Charter of Rights and Freedoms (the Charter). It infringed the right to liberty in two ways: 1) the prohibition on possession of cannabis derivatives exposed Mr Smith to the threat of imprisonment; and 2) it excluded patients from making reasonable medical choices through the threat of criminal prosecution. Lastly, it infringed the right to security because it forced some patients to choose a method of taking medication that might be harmful or less effective than available alternatives.

Cannabis EdiblesThis restriction infringed the right to liberty and the right to security in an arbitrary manner. Since arbitrariness goes against the principles of fundamental justice that underpin s. 7 of the Charter, this was deemed unacceptable. Although the intended goal of the prohibition was mitigation of health and safety concerns, the SCC felt it had a different effect, forcing people who had a legally recognised need, to accept the risk of harm to their health that comes with smoking instead of administering it through a different method in a non-dried form.



Will an industry round-table consisting of large producers and government bureaucrats solve these issues or will they only address the excise tax, since even the larger producers send half their revenue to Ottawa? Time will tell, but LPs and bureaucrats seem to think it will be a cure-all. Three years after Canada legalised cannabis, the landscape is not what many were expecting. By initially shutting out the legacy market and giving large licensed medical producers first dibs on recreational retail, Canada’s cannabis industry was lining up to look like their telecommunications industry, i.e., high prices, even higher barriers to entry and as consequence, a protected cartel.

canadas-cannabis-cartel-8

But consumers demanded premium craft products. The LPs who began with a sea-of-green mono-crop are now scrambling to market themselves to the connoisseur consumer. Hence why the Federal Liberal-NDP government felt the country needed a cannabis industry round-table, entitled ‘Engaging the Cannabis Sector’. 

“Budget 2022 proposes launching a new cannabis strategy table that will support an ongoing dialogue with businesses and stakeholders in the cannabis sector. This will be led by the Department of Innovation, Science and Economic Development, and will provide an opportunity for the government to hear from industry leaders and identify ways to work together to grow the legal cannabis sector in Canada”.

fragrantpossibilitiespurplerhino

If you think ‘stakeholders’ includes the cannabis culture, think again. In the lead-up to legalisation, they barely took notice of the legacy market and continually referred to them as ‘organised crime’. Some had an opportunity to speak with the ‘Legalisation Task Farce’ but were treated like children, allowed to sit at the grown-ups’ table for a holiday dinner. “There’s a lot that needs to be done with the legislative review” said Rick Savone of Alberta-based Aurora Cannabis and chair of the industry group Cannabis Council of Canada. “All of the players are waiting to see what happens with the statutory review to be able to make the improvements that are required. I think there’s almost a consensus about what needs to be done for the sector” Savone said. “So we’re stuck waiting. And every day we wait, our competitors, especially our global competitors, get better positioned in this market”. Canadian cannabis industry players previously said they want to use the review as a forum to address issues including:

  • Marketing and advertising restrictions.
  • Cannabis edibles potency limits.
  • Government regulatory fees.
  • Cannabis excise taxes.


Still a crime

In 2018, Canadian Civil Liberties said the Parliament was legalising the cannabis industry, but not the substance or its use, and outlined ten new crimes that came into effect on 17 October, with legalisation:

  1. A person 18 or over distributing cannabis to a person under 18 – If an 18 year old passes cannabis to a 17 year old, it’s a criminal offence, punishable by up to 14 years in prison. ‘Distributing’ means a lot of things – give, transport, deliver, transfer, even offer to give to someone underage, you can be found guilty of a criminal offence.

  2. Possessing a budding or flowering plant in public – Moving and want to take your home-grown plants? Ensure they don’t have buds or flowers. You can move up to four plants in a public place, but if any are budding or flowering, it becomes a crime. Adults could face up to 5 years, less a day, in prison.

  3. Selling cannabis without a licence – Tightly regulated by provinces and territories, licences to sell aren’t easy to get. If you want to share, give it away, as distributing up to 30 g dried cannabis to another adult is okay. Growing at home, legally, and want to share the harvest with your adult roommate? Again, make sure to only give up to 30 g away, without getting anything in return.

  4. Possessing any ‘illicit’ cannabis, or growing a plant from an ‘illicit’ cannabis seed – Illicit cannabis is still illegal cannabis because it “is or was sold, produced or distributed by a person prohibited from doing so under [the Cannabis Act or any provincial Act or that was imported by a person prohibited from doing so under this Act“.

  5. Driving with a THC blood concentration of over 2ng/ml – It’s a crime to have certain levels of THC in your blood within two hours of having operated a motor vehicle. Heavy cannabis users – including some who use medically – may have THC blood concentrations above the per se limit, despite having had a period of cessation for hours or days. Punishments range from a fine to jail and the higher the concentration of THC, the higher the potential penalty.

  6. An adult possessing over 30 seeds – or more than two pans(ish) of pot brownies – in a public place – Adults can carry maximum 30 g, recreational, dried cannabis in public and a seed is deemed equivalent to a gram! If it’s a concentrate, max is 7.5 g. Pot brownies? Make sure they don’t weigh more than 450 g! And this is about recreational cannabis – medical is a whole different question.

  7. Importing or exporting cannabis without legal authorisation – It’s illegal to take recreational cannabis across the border – in either direction – without a specific licence. It’s also a crime to possess recreational cannabis for the purpose of exporting it.

  8. Cultivating, propagating or harvesting cannabis outside your own home (without legal authorisation) – Live in an apartment and your landlord has prohibited you from growing cannabis? Don’t bring your plants to the office, it’s a crime to grow cannabis at a place that isn’t your home, unless of course you’re an authorised producer, with a legal licence (or a medical user, in which case different rules apply).

  9. Distributing cannabis to an organisation – Want to send your friend some weed? While it would be legal to give it away for free (provided it’s less than 30 g, dried and your friend is an adult), it would be illegal to give it to a mail courier to help with the delivery. And organisations, unless specifically authorised, can’t possess, distribute, sell, cultivate, propagate, or harvest cannabis either.

  10. No more than four plants (depending on where you live) – Growing more than four recreational plants per household (except in Quebec and Manitoba, where you can’t grow any) is illegal. If you live in a province or territory that permits home growing, make sure your house doesn’t have more than four plants. That includes your yard, shed, garage etc.



Finally, if you really want some insight into what amending the Cannabis Act will actually look like, take a gander at everything else the current Canadian Federal government has (or hasn’t) done. A true, small L, classical liberal cannabis market probably won’t occur until Justin’s Liberals are out of power.

Canadas Federal government

Adapted from Amending the Cannabis Act, Cannabis Industry Table Promised In Budget 2022, Still no timeline for launch of Canada’s overdue Cannabis Act review, 10 things that will still be a crime after cannabis is legalised and Cannabis Rights In Canada

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Australia Can Update Drug Driving Laws to Include Medicinal Cannabis

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Drug driving laws in Australia are based on a zero-tolerance policy for the mere presence of a single cannabinoid, Δ-9-Tetrahydrocannabinol (THC), despite the science that tells us THC presence has no bearing on driver impairment. Wanting drug driving law reform is not radical. Several countries have already amended their laws to allow medicinal cannabis patients to maintain driving rights. These countries can serve as models for how Australia can adjust their laws to be less discriminatory. Taking a look at some examples of updated protocols that can be used as a benchmark for drug driving law reform in Australia, Drive Change suggests the following information could be useful when you write to your local MP urging them to stand up for change!

Adjunct Professor David Heilpern stated that there is no evidence drug-driving laws have reduced the road toll at all in any jurisdiction in Australia. When random breath testing for alcohol, seatbelts, speed limits and airbags were introduced, there was a marked decline in the road toll. Although there are over 600,000 drug driving detection tests per year, there’s still no evidence roads are safer. In conclusion, there is no correlation between presence of THC in saliva and impairment. More importantly, there is no evidence driving with a detectable level of THC increases the risk of road trauma. Efforts to link the two exemplify a classic case of confusing correlation with causation. This mischief is not just inaccuracy; it serves to provide a significant hurdle to reforming laws that unjustly and unjustifiably discriminate against medicinal cannabis users.


Nightime Police Traffic StopAn Australian study published in the International Journal of Drug Policy in November 2021 stated that road safety risks associated with medicinal cannabis appear similar or lower than numerous other potentially impairing prescription medications. “The application of presence-based offences to medicinal cannabis patients appears to derive from the historical status of cannabis as a prohibited drug with no legitimate medical application. This approach is resulting in patient harms including criminal sanctions when not impaired and using the drug as directed by their doctor, or the forfeiting of car use and related mobility”. The researchers noted that ‘Medical exemptions’ for medicinal cannabis in comparable jurisdictions and other drugs included in presence offences in Australia (e.g. methadone) demonstrate a feasible alternative approach.

Proposition 215 or the Compassionate Use Act of 1996 is a California law permitting use of medical cannabis.

Proposition 64 or the Adult Use of Marijuana Act (AUMA) was voted into law in November, 2016. It officially
took effect and legalised adult (recreational) cannabis sales across the state of California by January 2018.

California, United States

The state of California legalised medicinal cannabis in 1996 and after a further two decades, legalised adult (recreational) use in 2016. Cannabis patients and purchasers have safely and successfully been on the roads since. Law enforcement is trained to detect impaired drivers and conduct tests as needed. What many don’t know about this legalisation is that there is no legal bloodstream concentration limit for THC in the US state of California. Instead, California drug driving laws rely on field sobriety tests (and/or blood tests). These tests prove a more effective means for identifying drivers who pose a possible crash risk. THC metabolites alone are disproven as indicators of impairment.

The California Highway Patrol’s (CHP) Impaired Driving Task Force concluded that THC or THC
metabolites in the bloodstream do not correlate with whether or not a driver is actually impaired.

In 2021, however, fewer than 3% of California’s more than 78,000 sworn police officers were trained as Drug Recognition Evaluators (DREs). California plans to train more and the CHP’s Impaired Driving Task Force called for increasing the number of DRE-trained officers to 7% (over five years). The Task Force also called to extend the required standardised field sobriety training from 8 to 24 hours, helping to improve detection of impaired drivers in roadside tests and help create safer roads. These measures could serve as an example of how fair and just drug driving laws can be adopted to move past methods proven outdated and inconsistent. California (population: 39 million) serves as a relatable example to Australia (25 million people).

DUI checkpointHow does roadside detection of cannabis-impaired drivers unfold in reality in the US?

  • Law enforcement personnel will stop a driver for anything from observation of vehicle weaving, to a non-functional tail-light (probable cause), or detain them at a random police checkpoint.
  • If a driver appears impaired, or cannabis-related paraphernalia is visible in the vehicle, for example, law enforcement will generally administer a battery of roadside tests and may request blood be drawn for drug testing (average time between police pulling over a driver and blood being collected is 90 minutes).
  • Note that roadside tests of driver impairment were originally developed for detecting alcohol-impaired drivers and the extent to which they are applicable to cannabis impairment has not been rigorously examined.
  • Common tests that validly screen for alcohol-impaired drivers include measurements of postural sway, eye movements, heel-to-toe walking and repeating a sentence correctly.
  • Many if not all of these are minimally impaired by cannabis use. Similarly, while DREs are consistently reliable in identifying alcohol-impaired drivers, they are more variable in their ability to correctly identify cannabis-impaired individuals.

Driving

California had 8.3% fewer traffic fatalities in 2018, the year adult cannabis sales launched.

drug_driving_in_queensland

Australia still relies on breath tests for impairment. These tests are costly–a cost covered by taxpayers–and have a history of returning false resultsCalifornia’s population is similar to that of Australia’s, so offers a very realistic example of how such measures could be adopted. By implementing a Task Force (including advocacy groups), like California’s Impaired Driving Task Force, dedicated to evaluating the factors at play for legal cannabis, protocols can be adjusted to respond accordingly. Australia could create a similar team of experts to help adopt and enforce more effective policing measures. For California, training law enforcement for signs of impaired driving has proven to be an effective measure for reducing incidents of impaired driving. With a task force in place, the state saves time and costly resources.


Canada

Canada legalised cannabis for adult use in 2018. Naturally, this raised concerns about the potential for increased traffic harm–a concern that Australia shares. But instead of maintaining outdated methods based on disproven science, the Canadian government mandated a periodic review of public health consequences of legalising. The most recent results were released as a report. The report gathered records from all emergency departments in Ontario and Alberta, two states which account for 50% of the Canadian population. The data looked at moderate-to-severe traffic injuries that resulted in ER visits between April, 2015 and December, 2019. The report uncovered no increase in traffic injury following legalisation. These inspiring results signal that, through effective laws and well-trained law enforcement, medicinal cannabis can be accessible to the adult population without putting a strain on safety in the community.

Sobriety test

Australia might be able to improve road safety by updating laws and implement new training practices for law enforcement officials, as they did in Canada. Canadian law enforcement is specifically trained to identify impaired drivers, helping to alleviate the need for faulty tests and mitigate road trauma. To conduct a roadside impairment test, Canadian Police may:

  • Administer a Standard Field Sobriety Testing (SFST). If the driver passes the SFST test, they are free to go. If they do not, they’ll be arrested to undergo additional testing

  • Conduct a Drug Recognition Expert (DRE) evaluation, involving a series of tests and toxicology reports

  • Require the driver to undertake an oral fluid drug screening

  • Demand a blood sample if there is reason to believe the driver committed an offence.

Cannabis

These Canadian practices offer an example of cannabis policing that works to protect road safety and the rights of drivers who legally consume cannabis. Australia can do the same, but we’re not there yet. Our government still maintains outdated and costly practices that are proven ineffective and actively discriminate against legal patients.

In a collaborative Australian study led by The Lambert Initiative (University of Sydney), the type of driving impairment seen with high THC cannabis involved greater lane-weaving. On other measures cannabis-affected participants were somewhat safer, tending to leave a larger gap between them and the car in front and showed no tendency to speed. 

Medical cannabis and driving

Standard deviation of lateral position (SDLP)

In Australia;

  • Road safety data shows that there is no risk of increased road trauma from medicinal cannabis.

  • Current laws discriminate against prescription medicinal cannabis users.

  • Evidence suggests those using other prescription drugs as an alternative to medicinal cannabis pose a greater risk to road safety.

  • The Tasmanian model, other international examples, scientific research and international law exemplify that safe, tried and tested amendments can be made to update drug driving laws.

Australian law

Tasmania has a medical/prescription exception, providing medicinal Cannabis users a defence if they test positive to RDT. Under the Road Safety (Alcohol and Drugs) Act 1970, Section 6 A: Driving with prescribed illicit drug in blood;

(1) Subject to subsection (2) , a person who drives a motor vehicle while a prescribed illicit drug is present in his or her blood or oral fluid is guilty of an offence.

(2) A person does not commit an offence against subsection (1) if the prescribed illicit drug was obtained and administered in accordance with the Poisons Act 1971.

r0_1_1200_676_w1200_h678_fmaxA recent sign that there’s a fundamental change going on in the detection of cannabis impairment came in the form of a study published in Neuropsychopharmacology, which showed an imaging technique that can detect cannabis impairment with 76% accuracy. That’s better than the 68% accuracy of field tests that employ traditional law enforcement protocols such as walking a straight line and examining a subject’s pupils. For effective measures that end discriminatory laws, drug driving law reform using real-world data and examples to show our legislature it works to keep people safe, is required. Of course, even with non-discriminatory laws in place, impaired driving remains a risk. But this same risk is present with alcohol and other prescription drugs which are already given legal defence in roadsides. Doing so with cannabis is also possible, as long as law enforcement is properly retrained.


Adapted from How Other Countries Successfully Updated Drug Driving Laws for Medicinal Cannabis Patients (and How Australia Can Catch Up) with Cannabis and Driving and Medicinal cannabis and driving: the intersection of health and road safety policy

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Australia’s History of Hemp (Part 2)


Police

In 1963, attention was drawn to large deposits of Cannabis sativa growing alongside the rivers and creeks in the Hunter Valley, New South Wales (NSW). The popularity of cannabis exploded. Bohemians would risk being caught by police and landowners to harvest the tops of the wild-growing heads. Dairy farmers were demanding something be done to protect their land from trespassers. Police did all they could to eradicate the plant, but it took over nine years. This officially signalled the end of legal cannabis in Australia. However, this spawned the beginning of a counter-cultural movement that would eventually evolve into the Nimbin Aquarius Festival in 1972. That movement looks very different now, but is still going strong today, as the influence of cannabis has spread across the nation. In 1998, the Australian government once again started allowing farmers to produce hemp, even though products remained illegal for Australian consumers. It was legalised for export to countries which had no ban on hemp. Under the Drugs, Poisons and Controlled Substances Act 1981, ‘industrial’ hemp (with approved Δ-9-tetrahydrocannabinol (THC) levels) is still classified as cannabis. Legalise Cannabis

Cultivation of hemp without the approval of the relevant state or territory government is a punishable criminal offence. In 1998, Victoria became the first state to legalise and allow cultivation of hemp under licence. In the same year, Queensland legalised cultivation under licence with regulation of commercial production. In 2004, Western Australia (WA) enabled cultivation, harvesting and processing under licence. In 2008, NSW allowed cultivation and supply of low THC hemp seed, strictly controlled, under licence. In 2014, hemp producer Ecofibre said of the industry: “What we are producing presently is just low-level, low-value market material such as pet bedding, horse bedding, erosion control mediums, oil spill containment products, garden mulch – you know, basic things like that … there’s lots of products we could get to eventually, but … the industry isn’t at that stage yet. It’s hampered”. From 2000 to 2016, researchers at the School of Material Science and Engineering, University of NSW, experimented using hemp fibre for auto parts

University of NSWA statement from the school hailed hemp fibre as a reinforcement and alternative to synthetic fibres such as glass; “The fibres are a renewable source, making natural fibre composites particularly attractive from an environmental standpoint”. Materials developed from hemp fibres had a higher strength-to-weight ratio than steel. For the past 20-25 years, Australian researchers have revived breeding stock and farming of hemp. Value addition through research has led to substantial growth in the Australian hemp export industry. In 2016, in the Northern Territory (NT), the Department of Industry ran its first test trial with three varieties of hemp. NT legislation didn’t allow for the commercial growing of hemp, but special consideration was made for the trial. It was expected, in the climate, it would take 90-120 days for grain varieties and +150 days for the fibre variety to grow. In April 2017, Food Standards Australia New Zealand (FSANZ) approved sale of low-THC hemp seed foods. Ministers responsible for food regulation did not seek a review and the Food Standards Code was amended in November 2017. Hemp seed products legally became ‘food’ and were finally deemed “safe for human consumption”.Hemp food

iHempWA was instrumental in supporting the formation of the WA Hemp Growers Co-op (HempGro) in April 2018, the first hemp co-operative in Australia. With support from the Department of Primary Industries and Regional Development (DPIRD) HempGro undertook a variety trial, ‘Best Seed for Best Region’ in 2019. The main objective was to investigate suitable cultivars and optimum sowing windows for hemp production at five locations in southern WA under rain-fed conditions. Fifteen imported industrial hemp cultivars were sown at three sowings. Imported cultivars were from Canada, China and France. In late 2020, the NT granted the first commercial licence to grow hemp. Australian hemp textiles have not seen proper outcomes due to Australia’s decades-long downturn in textile manufacturing. However, hemp fibre produces a versatile textile suitable for clothing, rope, canvas and bedding.

“In Australia, ‘industrial’ hemp is a plant or any part of a plant (including seed), from
the genus Cannabis, that has been specifically bred to have tetrahydrocannabinol
(THC) levels in the leaves and flowering heads of not more than 1%”,

Australian Industrial Hemp Alliance

Hemp

HempAfter being wrapped in red-tape for nearly a century, hemp is still considered taboo. Unfortunately, due to its similarity to cannabis, people are still uncertain and wary. The Australian Hemp Council (AHC) is a seven-member national peak body made up of a single representative from the local hemp association within each of the six states and the NT. The AHC was formed in June 2020, bringing together representatives of the seven state and territory Industrial Hemp Associations. The Australian Industrial Hemp Alliance (AIHA) is a not-for-profit Association registered in NSW (2015). At the end of 2021, the President (2020-2021), James Vosper BSc Hons, FRGS, reported that the industry has really not progressed despite their efforts and those of others in communicating with state regulators. This is a priority going forward as there is great potential and farmers eager to grow. Hemp is cultivated for seed or fibre production. Hemp fibre and pulp can be used in industrial and consumer textiles, paper and building materials. Hemp seed and hemp seed oil can be used in industrial products, cosmetics and food products.

hemp-field-in-western-australia

Hemp’s potential to sequester and retire carbon is unmatched. The AIHA is working with carbon farming groups and academic institutions to establish a methodology for hemp farmers to measure hemp derived soil carbon. If hemp derived carbon is correctly priced, it is estimated the industry could generate A$18 million, with farmers the major beneficiaries. Enormous potential exists in use of the green parts of the hemp plant as human food. Leaves, shoots and roots have been shown to have positive nutritional benefits, but at present, cannot be legally consumed. The AIHA has been involved in a submission to FSANZ to change the law. The hemp food market is estimated to have a retail value of A$15 million at present. Changing the law could see it doubling. In the animal feed industry, research is being conducted in WA and Tasmania in feeding hemp stalk to ruminants. Results from WA are very encouraging. In trials with sheep it has been shown that animals are healthy and maintain weight gain when being fed hemp pellets.

Hemp

Hemp building is increasing with industry estimates that 220 houses have been built in WA using hempcrete. WA now has a dedicated processing facility and the houses being built are using locally produced, organically grown hemp. However, hemp fibre is still an industry that needs a serious investment to reach any kind of meaningful size. The AIHA reported that in 2018/2019 the Commonwealth Scientific and Industrial Research Organisation (CSIRO) estimated 2,500 hectares were grown nationally. Data shows 4,220 hectares were grown in 2019/2020. NSW grew 1,900 hectares; Tasmania, 1,569 hectares; WA, 344 hectares; Victoria, 240 hectares; and SA, 112. Queensland grew just 55 hectares. AgriFutures Australia (AgriFutures) is working closely with the hemp industry to reach its target of $10 million annual gross value production by 2025. Key to this goal is establishment of a national hemp variety trial project to better understand hemp varieties suited to Australian conditions. Industrial Hemp Variety Trials (Trials) is a program co-funded by AgriFutures and participating state and territory government agencies. The Trials aim to provide Australian hemp growers with independent information about performance of new hemp seed varieties suited to specific geographic locations within Australia.

MapThe Trials incorporate seven sites (see map), with sowing commencing in October 2021 in the five central and southern regions. The two northern sites will commence sowing later in 2022 due to latitude, day length and climatic differences. The following states and territory have joined the Trials as providers for years one to three:

> NT Department of Industry, Tourism and Trade
> Minister for Primary Industries and Regional Development (through South Australian Research and Development Institute (SARDI))
> Department of Primary Industries Parks Water and Environment (Tasmania)
> State of Victoria, Department of Jobs, Precincts and Regions (DJPR) through Agriculture Victoria group
> WA Agriculture Authority.

Hemp can only be grown in Australia under a
licence issued by a state/territory government

Association and website

Facebook group

Known as

Facility in state

ihemp-nsw

NSW Industrial Hemp Association

IHANSW

Hemp Fields, Byron Bay. Ananda Food’s

logo_blk

NT Farmers Association

NTFA

Hemp farming legal, May 2020.

Qld Hemp Council

iHemp Queensland (2021)

Ananda Foods. Hemp Farms Australia (HFA)

IHASA

Industrial Hemp Association of South Australia

IHASA

Good Country Hemp

Tasmanian Hemp Association

Tasmanian Hemp Association

THA

Ananda Foods

IHemp-Vic

Industrial Hemp Association of Victoria

IHempVic

Australia Primary Hemp

IHempWA

Industrial Hemp Western Australia Association Inc.

iHempWA


Hempcrete is environmentally sustainable, mould-resistant and provides good insulation.


Dunsborough Volunteer Bushfire Brigade

In February 2022, a bushfire in southern WA put the spotlight firmly on the fire-resistant properties of hempcrete. No one died in the blaze that swept through the already evacuated village of Bridgetown (population 4,500), about 250 kilometres southeast of Perth. But the Hemp Squared factory in Hester Brook, 5 km outside town, was destroyed. Founder/owner Iggy Van said 90% of the company’s stock was lost in the fire, but a stack of fully cured hempcrete blocks survived. “Interestingly, the blocks that survived were stacked on [wooden] pallets”, Van said. “The pallets burned down, but the blocks did not”. Hempcrete is fire resistant because of the lime. The combination of hemp, lime and water cures after about six weeks into a stone-like material that regulates temperature and humidity. As a ‘monolithic’ insulation envelope in wall assemblies, hemp offers a sustainable construction solution for areas in danger of fires. In January, Hemp Squared received a $75,000 economic development grant to upgrade their facilities to produce 200,000 blocks per year, enough to build 60 hemp masonry homes. President of the AHC, Tim Schmidt, echoed the sentiments on hempcrete’s fire-resistant properties. “It’s a perfect material to be using in bushfire-prone areas”, he said. Barely harmed hemp brick after fire.

Hemp masonry homes are encouraged by the Australian government’s
Department of Energy as sustainable building solutions in a country where
bushfires have destroyed thousands of homes causing billions of dollars in damage.


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Australias History of Hemp began in Part 1

Adapted from Australian History With Hemp with Colonial History, Hemp as fibre and food? Regulatory developments and current issues, Hemp Production Around the World, Industrial hemp in Australia, Short history of hemp in Australia, Reavealing where cannabis is growing in Australia, Northern industrial hemp value chain study, Industrial Hemp Variety Trials (IHVT), Flame-Resistant Hemp Blocks Survive Australian Bushfire and The Fascinating History of Cannabis in Australia

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