Drug testing limits police don’t want drivers to know under scrutiny

New South Wales police are under pressure to reveal the specific concentration of cannabis in a driver's saliva that triggers a positive roadside drug test. The force has long kept these detection limits closely guarded, leading to a lack of transparency.

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They [police] don't necessarily advertise what the level is.

Roads Minister Jenny Aitchison informed a parliamentary committee that the DrugWipe 3S device, used by police, has a detection threshold of 50 nanograms per milliliter for THC. This figure, while disclosed by the minister, has not been officially published by the police force. The state's Road Transport Act enforces a "zero tolerance" policy for drug driving, making it an offense to have any "presence" of illicit drugs like THC in one's system.

The disclosure has raised concerns, particularly among medicinal cannabis patients. The stated limit of 50 ng/ml is significantly higher than the Australian and New Zealand standards, which prescribe a 15 ng/ml cut-off concentration for cannabinoids. New Zealand Police, who also use the 3S model, state their version has a screening threshold of 15 ng/ml.

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The DrugWipe is set at 50 [nanograms per millilitre].

Greens MLC Cate Faehrmann questioned the accuracy of the 50 ng/ml figure, suggesting the tests might be more sensitive. She highlighted confusion among medicinal cannabis patients who are concerned about potential legal repercussions. Minister Aitchison, however, remained firm on the 50 ng/ml level, stating it has been the standard for roadside detection for two decades, though she could not specify who set these levels.

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Did somebody mishear someone and put 50 in? I'm trying to understand because medicinal cannabis patients are contacting me. They're very confused.

This issue is gaining legislative attention as a proposed bill aims to formally establish the 50 ng/ml limit into law for medicinal cannabis patients. The reform, which has passed the lower house, would provide registered patients with two warnings. The lack of clear, publicly available information regarding drug testing thresholds continues to be a point of contention.

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What we've had in conversations with police is that 50 nanograms was the level set for roadside detection. It's the same kind of test that's been used for two decades. But who and what set those detection levels, I can't tell you.