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While the provincial government says it’s going to beef up marijuana regulations and penalties, it’s creating a new 90-day roadside driving prohibition to penalize drug-impaired drivers.

But criminal lawyer Paul Doroshenko said police don’t have many tools to determine if someone is under the influence of cannabis.

Speaking on CKNW’s Lynda Steele Show, Doroshenko said the punishment sounds like it will be based on a police officer’s opinion, and for now there is no review program to dispute it.

He said the only way to do that would be to take it to B.C. Supreme Court.

LISTEN: Lynda Steele’s discussion with Paul Doroshenko



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“Judges of the B.C. Supreme Court have sort of questioned the validity of this no-review program and driving prohibitions issued on the police officer’s opinion, which is not necessarily well-founded.”

Doroshenko said the tests that police have come up with have had errors and test for the presence of THC, which doesn’t measure someone’s impairment.

“The impairing effects are mostly gone after about 45 minutes, you’re sort of at your worst at about 15 minutes afterward. Edibles are different and they effect people differently, but you’ll have that THC in your system for a long time and, you know, we’re looking at punishing people who may have used marijuana last week and have no impairment. Or used it yesterday and have no impairment.”

He added the prohibition would go on a persons driving record.

“So, harsh consequences. And if they intend to put this on people’s driving records, I’ll tell ya, I guarantee you right now, my office will be bringing a judicial challenge to it, [or a] constitutional challenge to challenge that legislation.”

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Cannabis testing is currently being discussed in the Senate.