The Minnesota Office of Traffic Safety (OTS) announced its pilot project to launch a cannabis saliva test for determining impairment in drivers.

According to OTS Director Mike Hanson, the test is being designed to determine recent impairment. “We’re not looking to find somebody who used 10 days or 14 days ago. We’re looking for somebody who used within the last couple of hours,” Hanson explained.

The saliva test would screen for a total of six substances, such as cannabis and opioids, using both the SoToxa Mobile Test System and Dräger DrugTest 5000. Both devices have already previously been tested in other states.

The state’s 320 Drug Recognition Evaluators (DREs), who have been trained to recognize signs of impairment due to substances other than alcohol, will be given saliva devices for the program. A majority of the DREs are local law enforcement officers, but one-third are state troopers. “We’re going to get a good sampling not only in metro areas, but also in the greater Minnesota areas that will give us an idea of how prevalent drug impaired driving is on our roads,” Hanson continued.

In practice, if an officer comes across a driver who appears to be impaired, they will ask them to perform field sobriety tests, followed by swabbing their mouth, if they consent. “That swab is then inserted into a cartridge, and that cartridge then is inserted into the instrument. Roughly five minutes later, you will get your result,” Hanson said. A news report from Fox 9 explained that individuals won’t be arrested or have their licenses revoked while participating.

The pilot program will help the department gather data by using participants who provide voluntary saliva samples. The goal is to determine the presence of one of the six substances, not the varying levels of a substance within a person’s body. “If you have Delta 9 in your system, that tells the officer [the driver] used recently, and that very likely is the cause of their impairment, or part of their impairment if they’re using other things in in conjunction with that cannabis,” Hanson said.

Data shows that between 2013-2017, there were 8,069 incidents involving intoxicated drivers, and between 2018-2022, that number increased to 15,810.

The goal is that OTS will gather data and submit it to the Minnesota Legislature in fall 2024, with the goal of asking lawmakers to update state law to allow the devices to be used by law enforcement to arrest impaired drivers.

In Michigan in 2017, a similar Oral Fluid Roadside Analysis Pilot Program was launched with the use of a device called an Alere DDS2, which tests for amphetamine, benzodiazepines, cannabis, cocaine, methamphetamine and opiates. Between 2019-2020, Phase II of the program was launched. Similar roadside saliva tests have been implemented in Alabama and Kansas as well.

Following adult-use cannabis legalization in Canada in 2018, the country altered its laws to permit the use of roadside saliva drug tests with the Dräger DrugTest 5000. In 2019, the Canadian government approved the SoToxa Mobile Test System for use by law enforcement. 

The Victorian Parliament in Australia recently approved a bill to address and implement a medical cannabis driving trial in October 2023 as well. “This bill will allow us to deliver a world-leading research trial into medical cannabis and driving, enhancing our understanding of how cannabis affects driving behavior and informing future reform,” said road safety minister Melissa Horne.

Victoria was the first Australian province to legalize medical cannabis six years ago. “The reality is patients continue to wait. Medicinal cannabis has been prescribed since 2016, that’s a long time for patients to have to wait for a resolution,” said Australia MP Rachel Payne. “A medicinal cannabis patient should be treated like any other patient who is prescribed medicine by a doctor who also provides appropriate advice about when that patient is safe to drive.”

However, there are concerns regarding the efficacy of these roadside drug tests. In 2019, a Vancouver-based attorney found that the Dräger DrugTest 5000 was not a reliable way to determine impairment, claiming that it was producing false positives for people who had only consumed CBD. “We found there was a retention period of half an hour. It was still found in the mouth even though there were no lingering effects in the body,” said attorney Kyla Lee.

Other complaints included that the device wasn’t performing properly in cold weather. “We need to put more effort in this country into finding a device that can tell the difference between something that’s impairing a person and something that’s merely present in their system,” Lee explained.

In September of this year, an article published on the American Council on Science and Health website explained how these drug tests are still not up to par. In a recent study conducted by researchers at the University of California, San Diego, determined that roadside saliva tests in theory are useful, but not accurate. “One court concluded that ‘there is as yet no scientific agreement on whether, and, if so, to what extent, these types of tests are indicative of marijuana intoxication,’” researchers wrote.

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The results of a recent study published in JAMA Network Open claim to have found an association between cannabis legalization and an increase in traffic accidents.

The study was conducted by researchers at the University of Ottawa and looked at emergency room visits in Ontario, Canada over a 13-year period (Jan 2010-Dec 2021 which is actually 12 years but they say 13 in the study so what do I know), at the end of which they denoted a 475.3% increase in traffic accidents that resulted in an emergency room visit in which the driver had cannabis in their system at the time of the accident.

“This cross-sectional study found large increases in cannabis involvement in ED visits for traffic injury over time, which may have accelerated following nonmedical cannabis commercialization,” the conclusion of the study said. “Although the frequency of visits was rare, they may reflect broader changes in cannabis-impaired driving. Greater prevention efforts, including targeted education and policy measures, in regions with legal cannabis are indicated.”

At first glance, 475.3% sounds like a big number and suffice it to say many of the anti-cannabis media outlets who repackaged that number for a scary-sounding headline are counting on their readership to look no further and take their word for it that cannabis legalization and car crashes must be associated. I’m a journalist, not a scientist, but I am able to point out some facts about the study that might make that big number seem a bit less scary.

For one thing the study was only conducted in Ontario, Canada. In terms of sample size, that is one city in a country with very specific cannabis laws so to lay the blanket term “legalization” over one very specific set of laws isn’t totally accurate. The study even says so in the introduction:

“Another study also found no increase in total traffic injury hospitalizations in Canada over 2.5 years following legalization. Critically, the slow rollout of the cannabis retail market in Canada and the overlap of the legalization period with the COVID-19 pandemic greatly reduces the ability of these studies to evaluate the impacts of legalization,” the study said.

It’s also important to understand that the total number of injury-causing traffic accidents involving cannabis in the 13-year period came to a grand total of 426 out of 947,604. That number as a percentage is .04%, which is even smaller when compared to the total number of traffic accidents without taking emergency room visits into account. It’s hardly insignificant, but it is, arguably, a much less daunting number at first glance than 475.3%.

One key piece of data the study highlighted was that men appear to be more at risk than women of being involved in such accidents where cannabis intoxication was considered a factor. This stands to reason as a 2016 study by the National Institute of Health found men to use cannabis far more often than women and in greater amounts per use.

“Of the 418 individuals with documented cannabis involvement, 330 (78.9%) were male, 109 (25.6%) were aged 16 to 21 years (mean [SD] age at visit, 30.6 [12.0] years), and 113 (27.0%) had an ED visit or hospitalization for substance use in the 2 years before their traffic injury ED visit,” the study said.

The last and arguably most important question one must ask when dissecting the results of a study is “who paid for this?” Studies cost money, and it goes without saying that people who have money often try to use that money to influence the results of otherwise scientifically sound methods of observation. This is America after all (Or Canada, in this case). However, this study was funded in its entirety by grants from the Canadian Institute of Health and the University of Ottawa, meaning there does not appear to be any private money attempting to sway these results.

Regardless of my nitpicking, this study did point out something important: there is a small but statistically significant chance that a link between cannabis legalization and severe traffic accidents exists, but more context and study is needed to be sure.

“The findings of this repeated cross-sectional study suggest that cannabis-involved severe traffic injuries have increased over time. Legalization of nonmedical cannabis with widespread retail access and increased cannabis product variety may have further increased these visits despite laws specifically aimed at deterring cannabis-impaired driving,” the study said. “Younger adults and males appear to be at particularly increased risk of cannabis-involved traffic injuries. There is a potential need for greater interventions, including education on cannabis-impaired driving, enforcement activities, and policies to regulate access to commercial retail markets.”

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Neither the legalization of adult-use cannabis nor the uptick in retail sales is correlated with an increase in car accidents, NORML reports. The data comes from a study published earlier this month in the Drug and Alcohol Review.

Canadian scientists looked at the number of traffic accidents in Toronto both in the years prior to and then directly after the city legalized adult-use cannabis. 

According to their report: “[N]either the CCA [Canadian Cannabis Act] nor the NCS [number of cannabis stores per capita] is associated with concomitant changes in (traffic safety) outcomes. … During the first year of the CRUL’s [cannabis recreational use laws] implementation in Toronto, no significant changes in crashes, number of road victims and KSI [all road users killed or severely injured] were observed.”

In the U.S., the risk of increased car crashes due to stoned driving is often cited as a reason not to legalize adult-use cannabis. Throughout the years, various studies have reported conflicting information and led to different results depending on whom you ask and what their position on cannabis is. For example, a 2021 U.S. study suggested that auto accident rates rose in California, Colorado, Nevada, Oregon, and Washington, where recreational cannabis use and retail sales are legal, as Newsweek reported. However, if you read the entire article, you notice that at the end, it mentions that the study in question, which used information from injured drivers in emergency rooms in Denver, Colorado; Portland, Oregon; and Sacramento, California, only saw an increase in car accidents when cannabis was paired with alcohol. 

According to the CDC, in 2020, 11,654 people were killed in motor vehicle crashes involving alcohol-impaired drivers, which accounted for 30% of all traffic-related deaths in the U.S. The annual estimated cost of car crash deaths involving alcohol-impaired drivers totaled about $123.3 billion in 2020, including the estimate for lives lost and medical bills. Not only is alcohol legal, but it’s not beholden to the same insane tax laws as cannabis, which, by strangling the legal market, only seem to allow the black market to flourish. The cannabis industry paid over $1.8 billion in additional taxes in 2022 alone. 

The findings of the Toronto Drug and Alcohol Review study are consistent with other Canadian research. For instance, a 2021 study in the journal Drug and Alcohol Dependence “found no evidence that the implementation of the Cannabis Act [which legalized adult-use in Canada] was associated with significant changes in post-legalization patterns of all drivers’ traffic-injury ED [emergency department] visits or, more specifically, youth-driver traffic-injury ED presentations.” As NORML points out, another study published earlier this year similarly concluded, “Overall, there is no clear evidence that RCL [recreational cannabis laws] had any effect on rates of ED visits and hospitalizations for either motor vehicle or pedestrian/cyclist injury across Canada.”

However, in the U.S., insights into the correlation between cannabis legalization and traffic accidents tend to bend to meet Republicans’ regressive and scientifically unsound views. As Benzinga reports, regarding a 2023 bill meant to curb Connecticut’s legal market, State Senator Paul Cicarella (R), a ranking member of the Public Safety and Security Committee, told NBC Connecticut’s Mike Hydeck: “There’s not really a test that can determine when somebody is under the influence of the marijuana,” he said, adding that that the “false positive rate and false negative rate is so high that again, that might be a challenge to be admissible in court as well.” 

The race is indeed on to create a THC breathalyzer. However, anti-cannabis lawmakers fail to grasp that people are already using cannabis, whether it’s legal or not. While cannabis is considered a generally safe substance, like any mind-altering drug, of course, one should consider safety measures such as driving and always using it responsibly. However, if the U.S. truly wants to focus on safety, its priority should be correcting tax laws and legalization on a Federal level because unless that happens, there won’t be a legal market to study. 

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The Governors Highway Safety Association (GHSA) commissioned a report about educational campaigns on cannabis and driving on July 26. The GHSA partnered with National Alliance to Stop Impaired Driving to create a playbook written specifically for State Highway Safety Offices (SHSO).

Governors Highway Safety Association’s Executive Director, Jonathan Adkins, explained the need for a playbook that is up to date regarding cannabis legalization, overall acceptance of cannabis by consumers, and more. “As legal cannabis use becomes more widespread in the U.S., motorists need to know the dangers of driving under the influence,” said Adkins. “But that message won’t be heard if it’s outdated, irrelevant or insulting to cannabis consumers. This new report offers a playbook to help states develop messaging that resonates with cannabis users and prompts them to refrain from driving for their own safety and the safety of everyone else on the road.”

The report, called “Cannabis Consumers and Safe Driving: Responsible Use Messaging,” is based on a variety of surveys and interviews, and expands upon an unpublished 2021 Cannabis Regulators Association white paper with “additional strategies and recommendations about promising practices that can enhance safety partnerships and increase the effectiveness of outreach and education on cannabis use and driving.”

The report states that prior to the pandemic, approximately 21% of drivers involved in fatal vehicle crashes had THC in their systems. During the pandemic, this percentage rose to 33% (and for comparison, the percentage of people with alcohol in their systems was only 29%). In a survey conducted by AAA Foundation for Traffic Safety Culture Index, drivers view impairment of alcohol and cannabis differently. When asked about driving while under the influence of alcohol, 95% of people believed it was “very or extremely dangerous.” When asked the same question about cannabis, only 69% responded with the same answer.

The GHSA report writes that further education is key to promoting safe driving and enforcement. It reviewed educational campaigns that have been implemented in Colorado and Washington, which were the first states to legalize cannabis. It also addressed current education efforts that learn from those earlier campaigns, such as the “simple, non-judgmental” messages in Connecticut that have been promoted on social media channels, radio, TV, billboards, bus panels, and printed materials. While cannabis became legal in Connecticut on July 1, 2021, retail sales won’t begin until later this year. However, the report also examines an educational campaign in Wyoming, where cannabis is currently still illegal.

After reviewing the content, the report addresses “promising practices” that the authors view as useful for developing education campaigns, such as partnering with cannabis industry groups, receiving dedicated funding, and using specific wording in campaign messages.

In more detail, the report’s five main recommendations explore campaign success based on the presented examples.

First, it recommends that funding be derived from cannabis sales tax revenue, in partnership with local state legislators. Second, it highly recommends partnering with a variety of cannabis groups with the shared goal of consumer safety. “Working together, collaborative education campaigns can reflect the desires of all partners to help keep cannabis consumers safe,” the report explained.

Third, the report also explained the importance of the campaign messengers. Government leaders and institutions are “generally not good choices,” so it’s essential to choose respected individuals who are a part of the cannabis community to get the point across. The specific words chosen for a campaign can also lend to its success and maintain credibility, such as avoiding archaic terms such as pot or weed, or using “consumer” instead of “user.”

Finally, the report states that a campaign message should be chosen with care and respect. “Insulting or judging the target audience rarely improves message reception and turns people off, resulting in the message getting lost. Not driving after using cannabis should be the primary focus of informational campaigns, not the use of cannabis itself,” the report explains. “Messaging that appeals to the risks versus rewards of driving after consuming cannabis can be effective with the target audience, which tends to be young and male. Because it is not clear what responsible use of cannabis really is or looks like, appeals to moral sensitivity—normative choices that are considered ‘good’ or ‘right’—may have a greater effect on changing behavior than the usual ‘just don’t do it’ messaging.”

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