The Canadian and BC governments are facing some difficult legal hurdles if they continue to pursue the notion of punishing people on the basis of having consumed particular qualities of marijuana before driving.
Earlier this month, I wrote about how the BC government will be introducing a 90-day Administrative Driving Prohibition for marijuana impaired driving and the flawed options available to how they will determine if someone is driving while impaired.
And I’ve previously been quoted in articles about how significant an effect these poorly conceived laws will have on medical users.
But what does it look like when Criminal courts, which require proof beyond a reasonable doubt, try to handle cases involving marijuana impairment?
Urine and blood tests can prove a person consumed marijuana. That much is agreed upon and established in the courts. But that’s it.
It can only prove that the person used marijuana in the past. What urine and blood tests cannot do is prove whether a person was impaired as a result of marijuana use.