A local lawyer questioned the reliability of the test earlier this month and called it 'invasive'

Vancouver and Delta Police Departments say they won't be using the federally-approved test once pot is legalized

METRO VANCOUVER (NEWS 1130) – A controversial roadside test for marijuana will not be used by Vancouver and Delta Police Departments when recreational marijuana is legalized next month.

Both departments are taking a temporary pass on the “Drager DrugTest 5000.” The device was recently approved by the federal government for roadside testing of THC, the primary psychoactive ingredient in cannabis.

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The VPD said, for now, they will continue to detect drug-impaired drivers through standardized field sobriety tests and qualified drug recognition experts.

“We will be obtaining a Drager 5000 so we can familiarize ourselves with the technology, but we do not have immediate plans to utilize the device operationally,” VPD said in an email to NEWS 1130.

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The Delta Police Department said it too will not be using the device initially after legalization.

“Delta Police does not expect to use this roadside in 2018, and no decisions have been made yet for possible use in 2019,” read a statement from police.

‘I commend the police’

Lawyer Kyla Lee said she’s pleased saying her Vancouver firm called into question the reliability of the federally-approved test and called it “invasive.”

“It shows they’re having respect for our charter rights,” she said. “They’re not rushing to judgment in the same way that the federal government did in approving the device.”

“I commend the police for this decision.”

She said tests commissioned by her law firm determined the Drager DrugTest 5000 had false positive rates as high as 15 per cent.

“What we’re going to see is a lot of time passing before the police decide to use these devices,” Lee said. “And that time is going to be spent looking at the impact of the use of them in the jurisdictions that are going ahead with it.”

Abbotsford police said they have not yet determined which tools will serve them best, “We don’t have these yet and are still in discussion as to what we will be using,” read a statement from Abbotsford police.