Drug-Driving Laws

In reply to the Hon. T.A. FRANKS ().21 March 2024).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): The Minister for Police, Emergency Services and Correctional Services has advised:

1. I am informed that SAPOL acknowledges there are numerous studies with regard to the use of cannabis and the impairment of driving.

I am informed that SAPOL is aware of the study published in December 2022 by the Canadian Institute of Actuaries entitled 'Assessing the impact of marijuana decriminalization on vehicle accident experience', which is a data-driven study which 'provides new insight into the impacts of marijuana decriminalization on the vehicle experience and the implications for the insurance industry'. The executive summary notes 'the analysis showed no statistically significant changes in the average cost per claim and claim frequency after marijuana legalization in Canada'.

The second study identified involving 25 participants who smoked cannabis and then drove in a simulator is unreferenced. I am informed that no comment can be made in respect to that study.

2. I am informed that SAPOL's view is that the presence based system for the testing of drivers for a prescribed drug is not highly inaccurate. Drivers who return a positive drug screening test are required to supply a sample of oral fluid or blood which is subsequently analysed in a laboratory for confirmation.

SAPOL already have the power to sanction impaired drivers under provisions in section 47 of the Road Traffic Act 1961 (SA). Impairment is an observation offence where police are assessing drivers for faculty impairment including, but not limited to, bloodshot eyes, slurred speech, unable to stand unassisted and swaying whilst standing.

Impairment observations are recorded by police, in writing and on police body-worn video. A person who has used alcohol or a drug only requires the identification of one faculty impairment to commit the offence. Drivers who are identified driving with impairment are then subjected to alcohol testing by way of breath analysis and drug testing by a blood test.

I am informed that field impairment tests (FIT) or standardised field sobriety tests (SFST) have been considered by SAPOL in the past. Whilst these types of tests can standardise the way an assessment for impairment is performed, SAPOL advise that it is satisfied with its current training and performance of police officers in detecting impairment in drivers who have used alcohol or drugs.