Roadside drug tests for drivers may be in our future if a proposal by the Michigan House of Representatives passes. The bill was Introduced in the House on Wednesday September 8, 2010.
The portable drug-testing kits would be administered by police, and show immediate results of a preliminary nature.
"Rep. Rick Jones of Grand Ledge -- a former Eaton County sheriff -- says police could know within minutes whether a driver is high on drugs, similar to tests for alcohol that have been given at roadside traffic stops for years," reported wzzm13.com.
Michigan State Police could be the first to use these tests.
The main problem with this legislation is the many millions of people taking prescribed medication that is also abused by drug addicts. Will there be a distinction in the difference when a cop administers a roadside test to your father, mother, and it comes up positive for Percocets, (oxycodone, or Valium, Xanax, (benzodiazepines), or any other highly abused substances?
Of course, that all depends on what these tests are going to be looking for. Five of the main drugs that will probably be tested for are cocaine, marijuana, methamphetamine, heroin, and amphetamines. However, there are law-abiding citizens who are taking amphetamines. What becomes of them?
What is the cut-off point in nanograms per milliliter of the fluid being tested that determines if a driver is under the influence, and arrestable, taking into account tolerance levels as well? For instance, a person who smokes marijuana for medical reasons is going to have the metabolites in their system, even though they may not have smoked anything that day. That can't be determined until further screening in done. So, what, are they going to arrest grandma, or write her a citation to appear in court?
These tests only show positives, or negatives for whatever drug being searched for, and do not show the actual level of metabolites in the bloodstream.
The screening tests these officers will administer are just a preliminary step. If positive, a second screening test must be performed at a laboratory. If the sample shows positive there, a confirmation test is done using immunoassay, like EMIT, ELISA, or RIA.
This proposal is going to make criminals out of some ordinary citizens, if any of these tests look for anything other than drugs on the Schedule I list.
The tests are going to test the saliva. At least that is the only practical roadside test that could be administered. Philips makes a device right now that tests for 5 different drugs using magnetic nanoparticles that bind to the drugs being searched for. The particles are coated with ligands that bind to the drugs to give a reading. It is probably the device, or one similar that will be used once the Michigan legislature approves the bill. It can detect cocaine, heroin, cannabis, amphetamine, and methamphetamine. It is also intended for law enforcement to use.
Instead of seeing a nice picture of your family on the shelf, or in your wallet as a keepsake, however, you may have to add family mugshots as well if this proposal passes, and the tests look for prescribed narcotics, benzodiazepines, and other legal drugs that are abused. Folks that smoke medical marijuana may be the hardest hit, if that drug is tested for. And those taking amphetamines for ADHD, what becomes of their positive test, and it's relationship to driving?
The biggest problem with these tests may effect law-abiding citizens who smoke medical marijuana, or marijuana in general who have the metabolites in their blood stream days after the effects have worn off. And those folks taking amphetamines for ADHD will get hit as well if they get pulled over for some reason, where probable cause either exists, or is "creatively exercised," to allow for a roadside drug test.
Even though these folks are taking the medication via prescription, are the police going to make criminals out of them because they are driving?
The intentions of this House Bill are commendable, but in all actuality good intentions don't always translate into fair, and just outcomes. In this case, unless their are a lot of if's, how much, when, and other variables accounted for to protect law-abiding citizens using medical marijuana, and/or amphetamines, then this is going to be a nightmare that will produce a whole lot of litigation, and other legal ramifications, as well as potentially ruin lives.
And as far as probable cause goes for an officer to pull you over in order to administer one of these tests, well, it's as easy as saying you were weaving, driving erratically, crossed the yellow lines, acted suspicious, or whatever other "discretionary creation" they can come up with. And unless there is a dash-cam to dispute there assertions, get ready to say, CHEESE!
In the flow...
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If you or a loved one needs help with any type of drug abuse/addiction problem, contact these sites depending on where you live. SEMCA (Wayne County residents), CARE (Macomb County residents), PACE (Oakland County residents), Drug Free Detroit (City of Detroit residents). For those residing outside the State of Michigan, contact SAMHSA for assistance. For assistance with medical marijuana issues contact The Michigan Medical Marijuana Association, Michigan Medical Marijuana Certification Center, or greentreesdetroit.com, phone number: (313) 967-9999, or (248) 677-2888.
Comments
Im not TOO surprised by this...as someone who is incredibly high can be just as dangerous to others as someone who is very drunk, but like you said...where do they draw the line?
How does this test work? For booze, they use the breathilizer, but i thought that most drug tests required blood or urine?
It's going to test the saliva Patrick. Philips makes a device right now that tests for 5 different drugs using magnetic nanoparticles that bind to the drugs being searched for. The particles are coated with ligands that bind to the drugs to give a reading. It is probably the device, or one similar that will be used once the Michigan legislature approves the bill. It can detect cocaine, heroin, cannabis, amphetamine, and methamphetamine. It is also intended for law enforcement to use, and prisoners in jails, and state facilities will probably get random tests using this device in the future because urine and blood tests for drugs are expensive.
Michael, I Iove reading your articles. You cover many interesting topics in my opinion. I look forward to reading many new posts in the near future. Have a blessed week,.
Cliff
Thanks Clifford.
Michael: As always, very useful and informative. Many prescriptions come with the warning: "avoid using machinery when taking this medication."
The new law may mean that people prescribed benzoes or stimulants must carry the prescription with them, as required to carry their driver's license.
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