Jersey’s infrastructure minister has said proposed amendments to the island’s road traffic law will make it easier to prosecute motorists who drive under the influence of drugs.
Andy Jehan said the reforms would introduce defined legal limits and roadside testing powers, addressing what he described as a growing issue both locally and nationally.
“There is a problem not just in Jersey but nationally with the amount of people driving under the influence of drugs.”
At present, those convicted of drug-driving in Jersey can face up to a year in prison or a maximum fine of £10,000.
Legal Limits And Roadside Testing
Under the proposed changes, police would be able to carry out roadside drug tests. Anyone who tests positive would be taken to a police station for formal analysis. If found to be over the legal limit, they would face prosecution.
“So what this is designed to do is to bring in a set limit and allow for roadside testing and if someone tests positive on the roadside they will be taken to the police station where formal tests will be taken and if they test over the limit they will be prosecuted.”
The reforms are due to be debated by the States Assembly next month.
The draft law proposes introducing a legal limit of 5µg/L (micrograms per litre) for cannabis. While the initial focus is on THC, Jehan indicated future assemblies and ministers would have the power to extend limits to other substances.
“There will be the ability for future assemblies and ministers to bring in other drugs but we want to make a start and THC is the biggest issue that the police currently have and that’s why we are targeting this area.”
Last July, Jersey’s chief of police, Robin Smith, told a scrutiny panel: “My answer may surprise you in that I am more concerned about that than I am about the alcohol because it is harder to detect.”
Medicinal Cannabis Concerns
The proposals have been criticised by End Cannabis Prohibition Jersey, which argues the measures could unfairly affect legitimate medical users.
Simon Harrison said: “There isn’t a medical defence in the law for those taking medicinal cannabis and who may inadvertently go above limit even though they are following prescription guidance and this is accounted for in UK and Guernsey legislation but hasn’t been incorporated in Jersey legislation.”
Jehan said the potential impact on medicinal cannabis users had been considered when setting the proposed limit.
“We have gone for a limit of five compared to the UK limit of two because we are aware of the amount of people who take medicinal cannabis for very good reason.”
The debate is expected to focus on striking the right balance between strengthening road safety enforcement and ensuring fairness for those lawfully prescribed cannabis.
About Carl Millar
Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.
Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.
With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.
Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535, or click here to send a confidential message.
