'Hours, not days': Concerns grow around accuracy of THC roadside testing in Sask.

Concern is growing around roadside THC testing, cannabis use and driving in Saskatchewan.

In recent weeks, online forums on websites like Reddit and Facebook have gained additional followers and attention, with many people asking questions about the accuracy of roadside THC testing, fearing they could be penalized even if they are long past the point of intoxication — or haven't used in days.

"We have a lot of people coming in here and as a result, we have seen a massive increase of people coming in and telling us that they have had their vehicle impounded and their license suspended for three or more days," said Mike Bartlett, owner of The Gras Shop, a hydroponic and garden supply store.

Bartlett is a member of "Saskatchewan SGI Cannabis Victims," a Facebook page that began less than a month ago and has gained more than 300 members who are sharing experiences of being asked to provide a roadside fluid sample by police officers.

When someone can drive after consumption, how long a user needs to wait before getting behind the wheel and what amount is allowed are all topics many people feel are not made clear.

In Saskatchewan, a positive oral fluid sample results in a suspended licence for at least three days, a vehicle impoundment for three days and four demerit points.

One common theme among users of the Facebook page is the belief they shouldn't have been penalized after providing a sample.

"Problem is, now we're 12 or 18 hours later [and] these people are failing. There's no psycho activity in the body," Bartlett said.

According to federal law, police in Saskatchewan calibrate the two approved oral fluid drug tested machines to 25 nanograms of THC in a person's saliva. Anything at or above that mark results in a positive sample. Anything less is negative.

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"The threshold is in hours, not days," Cpl. Brian Ferguson, the provincial drug recognition and evaluation coordinator with the Saskatchewan RCMP, said.

"The threshold is for recent consumption and if it was well over a day or so ago that you used and you tested positive, then I'd be very surprised if that was the case," he added.

Without a clear timeline, some cannabis users feel the RCMP and other police services aren't looking for impaired drivers, but instead are penalizing drivers with THC still in their system even if they hadn't consumed any that day.

Ferguson wonders if online testimonies are exaggerating timelines.

"If I asked you when the last time you used cannabis was and you used it two hours ago, you might say four to six," Ferguson said. "So if somebody's being honest about it and they did test positive, I'd be very surprised."

In 2018, Canada passed legislation surrounding driving under the influence of cannabis, which created new penalties.

Driving with two nanograms but less than five nanograms of THC per millilitre of blood, driving with five nanograms or more of THC per ml of blood and driving with a combination of 50 milligrams of alcohol plus 2.5 nanograms or more of THC per millilitre of blood.

Ferguson said the two devices used aren't determining impairment, they are confirming if a drug is still in a person's system. Officers can use a variety of other techniques like using a drug recognition experts to determine impairment, according to the Criminal Code of Canada.

Bartlett feels if that's the case then police shouldn't be enforcing a zero tolerance policy with such a harsh penalty unless officers know a person is operating a vehicle while impaired.

"Why does alcohol get a tolerance level, but cannabis doesn't?” Bartlett said. “It makes no sense. It's arbitrary. It seems to us as though this is a forced prohibition and a bias by people in government positions that can create regulations to generate revenue and try to force people no longer to use cannabis, whether it's recreationally or especially medicinal.”

Roadside suspensions have been increasing since officers have had the technology to conduct them. Saskatchewan Government Insurance (SGI) spokesperson Tyler McMurchy said 839 people received temporary suspensions for cannabis or other drug use in 2022. Last year, that number increased to 1,594.

McMurchy says it's likely an indication of the increasing prevalence of roadside devices and not changing consumption habits from the public.

"Those aren't Criminal Code charges," he said. "The number of Criminal Code charges that we have related to drugs has not increased to any substantial degree."