Zero tolerance for drugs under proposed random roadside testing rules

Malta will be adopting a zero-tolerance approach to driving under the influence of drugs once new rules come into force, government’s new strategy suggests.

This was confirmed to MaltaToday by the police, who said the proposed law “does not include any new limits beyond those currently enforced when a drug test is carried out in serious incidents following the authorisation of the inquiring magistrate”.

Unlike with alcohol, there are currently no legal limits for drugs that are detected in the body.

Government is proposing new rules to curb drink and drug driving that would see the introduction of random roadside tests and harsher penalties, including mandatory prison sentences for anyone killing someone involuntarily while driving under the influence.

As things stand today, only testing for alcohol takes place and only if the police officer has reasonable suspicion. Roadside testing will now also take place for drugs, raising concerns among cannabis users, who argue the residue of cannabis can still be traced in spit up to two days after consumption.

Speaking to this newspaper, lawyers Adreana Zammit and Franco Debono, who specialise in the criminal field, said that drug testing is currently only carried out through blood tests in extreme cases. They said there is a lacuna in the law which does not cater for the new roadside tests being introduced by government.

Currently, the law only sets limit for alcohol consumption but not for cannabis which is now partially legal. The legal blood alcohol limit for most drivers is 0.5g/l of blood, while it is 0.2g/l for professional and novice drivers, and a strict 0.0g/l (zero tolerance) for bus and coach drivers.

Government has already outlined the reasoning behind a bill it intends to table in parliament once the summer recess is over after a spate of fatal accidents.

Although the details of the bill have not yet been laid out, the response received by MaltaToday suggests that legal alcohol limits will remain untouched but a completely zero-tolerance approach will be adopted for drugs, including cannabis.

The issue remains one of concern for cannabis users since the time it takes for the substance to be traceable in the body can vary.

Replying to questions by this newspaper, a police spokesperson said testing will be conducted through a device that analyses a person’s saliva. This will provide the police officer with an on-the-spot indication of any positive detection for specific illegal substances.

The timeframe during which substances such as cannabis or cocaine remain detectable varies significantly and depends on several factors, including the quantity consumed, the method of intake, and individual physiological differences, similar to alcohol, the spokesperson said.

“The role of the police remains that of enforcing the legislation as approved by parliament,” they added.

Home Affairs Minister Byron Camilleri has said that through legal changes, the prosecution will also have the power to request a suspension of one’s driving licence while they are subject to ongoing court cases.