Drugs and Driving FAQs

Posted By Drug Test Australia

1. Who will be required to submit to a roadside drug test?

Any driver, motorcycle rider or supervising licence holder on a NSW road or road related area maybe required to undertake one or more oral fluid tests for the presence of the three illicit drugs.

Vehicle passengers other than supervisors of learner licence holders will not be required to undertake an oral fluid test.

Specific NSW Police operations will target heavy vehicle drivers.
Police will also target roads around venues used for ‘rave’ and dance parties, suspected by Police to be linked to drug driving. 

2. What drugs will be detected by roadside drug testing and why have these drugs been chosen?

Roadside drug testing will detect the following three illicit drugs:

• Delta-9-tetrahydrocannabinol (THC), the active component of cannabis.
• Methylamphetamine (‘ice’, ‘speed’, ‘crystal meth’ ‘base’ etc).
• Methylenedioxymethylamphetamine (MDMA or ‘ecstasy’).

These three drugs are known to be among the most prevalent illicit drugs used by drivers. 

A recent Roads and Maritime Services (replacing Roads and Traffic Authority) study of drug driving in NSW revealed that of those who reported driving on drugs, the most common drug was cannabis at 81 per cent followed by ecstasy at 13 per cent and speed at 10 per cent.

Driving after using cannabis results in longer reaction times, alters distance and time perception, lowers concentration, coordination, alertness and ability to react, and narrows or blurs vision.

Driving after using stimulants such as ecstasy and speed/ice increases risk taking and aggressive driving, causes loss of concentration, and causes blurry or limited vision.

3. How long after using cannabis can delta-9-tetrahydrocannabinol (THC) be detected?

Roadside drug testing technology will detect recent usage of cannabis by detecting delta-9-tetrahydrocannabinol (THC), the active ingredient in cannabis.

Delta-9-tetrahydrocannabinol (THC) will be able to be detected for several hours after use of cannabis, though the exact time will vary, for example depending on the amount and potency of the cannabis used.

4. How long after consuming ecstasy or methylamphetamine (speed, ice etc) can these drugs be detected?

Roadside drug testing technology will detect recent usage of speed, ice and ecstasy. In some cases these drugs may be detected by roadside drug screening technology for up to 48 hours after use, though the exact time will vary depending for example on the amount taken, the potency of the drug (ie ice has a much higher potency than speed) and how the drugs have been taken.

5. Will delta-9-tetrahydrocannabinol (THC) from passive smoking be detected in oral fluid?

No. There is no evidence to suggest that any THC in the oral fluid as a result of passive smoking will be able to be detected by the oral fluid testing technology.

6. How will roadside drug testing work?

Police will conduct a preliminary oral fluid test through the window of your vehicle.

You will be required to lick the test pad of the device. A result will be known in about five minutes.

7. How long will an oral fluid test take?

A preliminary oral fluid test will take about five minutes.  

If you test negative to this test you will be able to drive away.

However, if you test positive to the first test you will have to get out of your vehicle and go with a Police officer to provide an oral fluid sample in the Police support vehicle.

In the Police truck you will provide a sample of your oral fluid, which will be tested using a different oral fluid screening device. This second test should take about 20 minutes.

If you test positive to this test you will be prohibited from driving for 24 hours by Police, and the remaining portion of your oral fluid sample from this test will be sent to the State’s analytical laboratory, the Division of Analytical Laboratories for confirmatory analysis.

8. Will I be required to leave my vehicle to undertake an oral fluid test?

No, not for the preliminary oral fluid test.  Police will conduct this first test through the window of your car.

However, if you test positive you will have to get out of your vehicle and go with a Police officer to provide a second oral fluid sample in the Police support vehicle.

9. What will happen to a driver who tests positive to the roadside drug test?

If you test positive to the preliminary oral fluid test you will have to get out of your vehicle and go with a Police officer to provide a second oral fluid sample in the Police support vehicle. 

In the Police support vehicle you will provide a sample of your oral fluid, which will be tested using a different oral fluid screening device. This second test should take about 20 minutes.  

If you test positive to this test you will not be charged at this time, however, you will be prohibited from driving for 24 hours by Police. The remaining portion of your second oral fluid test will be sent to a laboratory for confirmatory analysis. 

If the presence of one or more of these three drugs is confirmed by the laboratory, you will receive a Court Attendance Notice within a few weeks of your roadside drug test with the charge of driving with the presence of an illicit drug.

10. Will drivers who return positive result to a roadside drug test be allowed to drive before laboratory analysis of the test is complete?

If you test positive to this test you will not be charged at this time, however, you will be prohibited from driving for 24 hours by Police.
After this 24 hour period you can resume driving.

11. For drivers who return positive results to roadside drug test, when and how will they receive results from laboratory analyses?

If the presence of one or more of an illicit drug is confirmed by the laboratory, you will receive a Court Attendance Notice within a few weeks of your roadside drug test with the charge of driving with the presence of an illicit drug.

The Court Attendance Notice will include the details of the charge as well as the time, date and location of their court attendance.  

You will have to attend court, which will be local to the location of the offence, to face the charge of drive with the presence of an illicit drug.

12. Will medications be detected by roadside drug tests? 

The oral fluid test will not detect the presence of prescription drugs including medicines with amphetamine–like substances or common over the counter medications, such as cold and flu tablets.

Oral fluid tests will only detect delta-9-tetrahydrocannabinol (THC) the active component in cannabis, methylamphetamine (speed, ice, crystal meth, base) and methylenedioxymethylamphetamine (MDMA) ecstasy - substances that are not legally prescribed in Australia.

13. Why is oral fluid tested rather than blood or urine?

Collecting oral fluid from drivers at the roadside is much easier than collecting a blood or urine sample.

Oral fluid testing devices are a non-invasive, rapid and reliable way to screen for drugs at the roadside.

14. How accurate is the oral fluid drug screening technology?

The oral fluid test is a screening test only.  Oral fluid drug screening technology provides a reliable indicative result in a matter of minutes, making it ideal for use as a roadside screening device but not for an evidentiary result to be used at court.

Those who are screened as being drug positive will be required to provide a further additional oral fluid sample for further testing.

Only a positive drug result from the Government’s analytical laboratory can be used to prosecute for a drug driving offence.

15. What are the penalties if the laboratory confirms the presence of one or more of the three illicit drugs in your oral fluid sample?

The penalty for a first offence is a maximum $1,100 fine and three (minimum) to six months (maximum) licence disqualification.  

The penalty for a second or subsequent offence is a maximum $2,200 fine and licence disqualification for minimum six months up to an unlimited period.

16. What happens if a driver refuses to be tested?

If a person refuses to be tested at the roadside they can be fined $1,100. They will also have to accompany a Police officer to the Police truck where they will have to provide a sample of their oral fluid.

If they refuse to provide an oral fluid sample a maximum fine of $3,300 applies, plus licence disqualification for a minimum of six months up to an unlimited period.

A driver who refuses to be tested can also be prohibited from driving for 24 hours by Police.

17. What happens if I am unable to provide an oral fluid sample?

A person who has genuinely attempted but is unable to provide a sample of their oral fluid will be required by Police to provide a sample of blood in lieu of an oral fluid sample.

The person will be taken by Police to a hospital to have the blood sample taken. The state’s analytical laboratory will analyse the sample for the presence of any drug.

If they refuse to provide a blood sample then a maximum $3,300 fine applies. 

18. Don’t stimulants such as methylamphetamine (speed, ice, crystal meth, base) make you a more alert driver?

While methylamphetamine, in its various forms, can increase your alertness they can also cause you to: 

• Take more risks. 
• Drive aggressively. 
• Believe you drive better than you really can.
• Be overstimulated and lose concentration. 
• Have blurry or limited vision. 
• See things on the road that aren’t where you think they are. 
• Have scattered thoughts or delusions.

Driving when you’re coming down is also very dangerous.  When the effects of stimulants are wearing off your driving is still affected. You may fall asleep at the wheel.

19. Will oral fluid samples be destroyed when the evidentiary drug analysis is complete?

No, the remaining proportion will be stored at the laboratory for six months.
This is so a person can apply for a portion of their own sample to be independently analysed by another laboratory at their own expense.

20. What about other illicit drugs?

Drivers found to be impaired by any illicit drug can currently be prosecuted under existing Police powers for the drive under the influence offence.

There is also a new offence of drive with the presence of cocaine or morphine (heroin) in blood or urine; however drivers will not be randomly tested for these drugs using a roadside drug test.

21. Can drivers be charged with both drug and alcohol offences?

Yes. It will be possible for a person to be prosecuted for a prescribed concentration of alcohol offence as well as an offence of presence of delta-9-tetrahydrocannabinol (THC), the active component of cannabis, methylamphetamine (‘ice’, ‘speed’, ‘crystal meth’ ‘base’ etc) and methylenedioxymethylamphetamine (MDMA or ‘ecstasy’).

However, if a person is prosecuted for a drive under the influence offence, they cannot also be prosecuted for a prescribed concentration of alcohol offence or presence of drugs offence.

22. If a driver tests positive to drugs will they be searched, or have their vehicles or property searched?

Police already have the power to search persons and vehicles for drugs or other items if they have reasonable grounds to suspect evidence of an offence may be found there.

In most cases, no search will occur. However, there could be evidence of drug or other offences apparent to police administering the test. In these circumstances they have the power to conduct a search. 

For More Information, please contact Drug Test Australia at their website www.drugtestaustralia.com.au or call or email us at;

Email Enquiries: sales@drugtestaustralia.com.au

Phone Enquiries: 1300 660 636 or (02)49203225

Original Article; http://www.rta.nsw.gov.au/roadsafety/alcoholdrugs/drugdriving/drugdrivingfaqs.html

Kiwi Kronic 'king' facing drug charges in Australia

New Zealand's "king" of legal cannabis faces trafficking charges in Australia after allegedly being found with a "commercial quantity" of drugs.

Matthew Wielenga was arrested about 8pm on Friday in the Melbourne suburb of Southbank. The 30-year-old is facing charges of trafficking a commercial quantity of synthetic cannabinoids and two counts of possessing a drug of dependence.

The Melbourne Magistrates Court yesterday heard he was found with more than 100kg of Kronic, a synthetic marijuana product, and 1kg of white powder said to be a synthetic cocaine sold as Diablo.

The alleged drugs are yet to be analysed and Wielenga had made no admissions, the court heard.

Defence lawyer Greg Barns said the elements of Kronic kept changing and might not fall within the substances banned by Victorian law.

Wielenga was granted bail on a A$100,000 surety and is to reappear in court on March 18.

Dressed in jeans and a dark T-shirt, he appeared to be listening intently throughout the court hearing.

The New Zealander must stay at an address in the suburb of Richmond, report to local police daily and surrender his passport.

Wielenga is a director of Lightyears Ahead, the company responsible for bringing Kronic to New Zealand. Kronic is laced with chemicals mimicking cannabis and is often much stronger than the real thing. It was banned in New Zealand in August.

Wielenga, who ran his lucrative Kronic empire from Albany on Auckland's North Shore, is understood to have travelled to Australia with about nine of his employees last week. The group were in Australia for a music festival, a source said.

Nisha Din, described as the general manager of Lightyears Ahead, said the firm strongly denied any illegal activity.

She referred the Herald to Wellington law firm Chen Palmer.

Partner Mai Chen did not return calls last night.

Wielenga describes his party pill business on his Facebook page: "I run my own company that provides products to get people high. They are sold all over the world, which gives me a great excuse to travel."

- Anna Leask, NZ Herald

APNZ

original; http://www.odt.co.nz/news/national/238659/kiwi-kronic-king-facing-drug-charges-australia

For more information on Synthetic Cannabis Testing Devices visit Drug Test Australia online or;

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Police take 1700 drink or drug-affected drivers off the streets

Police test drivers for drugs. Picture: Tim Carrafa Source: Sunday Herald Sun

POLICE have taken 1700 drink or drug-affected drivers off the streets of Victoria in the first phase of its summer road enforcement campaign.

Operation RAID – Remove All Impaired Drivers – detected more than 36,500 traffic offences during the past three weeks, 3000 more than in the same period last year.

Assistant Commissioner for Road Policing Robert Hill said he was astounded.

“It just astounds me that despite the research, despite the education, despite the heartache, people are still willing to risk their lives on the road,” Mr Hill said.

“I look at incidents like the terrible collision that claimed five lives in Lara over the weekend and wonder what more we as police could have done?”

“But it’s not just up to the police. Everyone needs to play their part and show some responsibility – drivers, passengers and pedestrians alike,” he added.

One driver, a 58 year old Yarrawonga man, was seen talking on a mobile phone and holding a can of beer while unsuccessfully trying to steer his Holden ute along the Murray Valley Highway in Cobram East around 2.35 last Thursday.

“The incident occurred at the same location where two days prior, a 20-year-old Mulwala woman was killed after her vehicle collided with a tree,” Victoria Police spokeswoman Cath Allen said.

One disqualified motorist was caught with drugs in his system in the same location in Bittern and same operation as he had the year before.

And five drug drivers were detected in the Mornington Peninsula area all on Saturday night.

“Over the last three weeks during this operation, we’ve breath tested 671,863 motorists and drug tested a further 1580 motorists,” Mr Hill said.

"We’ve had more police on the road than ever, working around the clock to deter and take these risk-takers off our roads.

“My challenge to all road users, two weeks out from Christmas, is stay safe or stay off the road this summer,” he added.

The operation detected:

• 1580 drink driving offences

• 196 drug driving offences

• 1092 disqualified/suspended drivers

• 1542 unlicensed drivers 

• 3191 unregistered vehicles 

• 10,819 speeding offences 

• 3152 mobile phone offences 

• 2576 disobey signs/signals 

• 262 impoundments 

• 1528 seat belt offences. 

The 52-day campaign will run across Victoria until January 9. 

Posted By Drug Test Australia

Original http://www.news.com.au/national/police-take-1700-drink-or-drug-affected-drivers-off-the-streets-of-victoria/story-fndo4cq1-1226533910237

• Jon Kaila
• Herald Sun
• December 11, 201212:00AM

Synthetic Drugs; Australian Crime Commission

Posted by Drug Test Australia

Original; http://www.crimecommission.gov.au/publications/illicit-drug-data-reports/2010-11/index/other-drugs#analogues

Main Forms

Drug analogues and other synthetic drugs have been present in Australia and overseas since at least the mid-2000s. Analogues available within the illicit drug market are variants of a parent compound which is usually a prohibited or scheduled drug. These substances are typically marketed as ‘legal highs’¹⁴ and used as substitutes for illicit drugs such as methylamphetamine and 3,4-methylenedioxymethylamphetamine (MDMA). In recent years, an analogue drug market has been established as users have increasingly sought out specific analogues rather than using them as substitutes.

A wide range of analogue and other synthetic drugs are available to users. Many of these substances are sourced from online ‘legal high’ stores, legitimate fine chemical suppliers and sites selling ‘research chemicals’. In some countries illicit cannabimimetics are marketed as ‘herbal smoking blends’; herbal incense and as ‘plant foods’ (TGA 2011).

A review of overseas online legal high stores identified up to 500 different analogue drugs being advertised. Analogues are frequently marketed as being natural and legal and are perceived by many users to be less harmful than illicit drugs. As many of these substances are novel, there is limited research or knowledge about the short or long-term health consequences of use, the risk of dependence, possible adverse effects of use in combination with other drugs, or potential fatal dosage levels.

In an attempt to circumvent legislative and regulatory measures, many of these substances are marketed under the guise of other products not intended for human consumption, such as bath salts, plant food, incense and room deodorisers. Further, to avoid detection, packaging may not accurately reflect the ingredients leaving users unaware of the true ingredients within. Even when ingredients are correctly listed, users may remain unaware of the related implications and effects of use.

Two groups of analogues and other synthetic drugs that have received considerable public attention during 2010–11 are cannabimimetics (which mimic cannabinoids) and cathinones, in particular 4-methylmethcathinone. This section covers these two groups in more detail.

Cannabimimetics

Cannabimimetics, also referred to as synthetic cannabinoids¹⁵, are synthetic chemicals which mimic the effects of tetrahydrocannabinol (THC)—the principal psychoactive component of the illicit drug cannabis. Analysis in a number of European countries identified a large number of chemicals which could be classed as cannabimimetics. While some cannabimimetics share a chemical structure similar to THC, the vast majority of identified to date have no structural relationship to THC (EMCDDA 2011d). With the exception of a small number of substances which have very limited legitimate uses, the vast majority of identified substances have no legitimate industrial, scientific or medicinal uses.

Cannabimimeticsthat have been used for medicinal purposes and are scheduled within the Standard for the Uniform Scheduling of Poisons (SUSMP) are:

• Rimonabant (currently in Schedule 4): A selective CB1 receptor antagonist historically used to treat obesity, but was withdrawn from the market due to severe side effects
• Nabilone (currently in Schedule 8): A synthetic cannabinoid used for treatment of anorexia and for its antiemetic effects; its chemical structure is closely related to THC
• Dronabinol (currently in Schedule 8 for therapeutic use): Synthetically produced pure THC used in the treatment of multiple sclerosis and pain patients (TGA 2011).

Illicit cannabimimetics, commonly known as synthetic cannabis, consist of a combination of neutral plant materials, similar in appearance to cannabis, which have been sprayed with one or more synthetic cannabinoids. Synthetic cannabis is best known by the brand names ‘Kronic’, ‘Northern Lights’, ‘Spice’, ‘Kaos’, ‘Voodoo’ and ‘Mango’ (NSW Health 2011b; ACT Health 2011).

As packaging of synthetic cannabisrarely identifies the ingredients from which the substance is formulated (in particular the synthetic cannabinoid component), people dealing in synthetic cannabispreparations may be hindered in their ability to determine the legal status of the product. This potentially causes legal issues for importers, distributors, retailers and consumers (TGA 2011).

Synthetic cannabis, like natural cannabis, can cause memory and thinking impairment in small doses. Short-term effects from consuming synthetic cannabis can include fatigue, headaches, disorientation, hallucinations, high blood pressure, tachycardia, paranoia, agitation, restlessness, panic attacks, anxiety and depression (WADAA 2011). Heavy and regular use may cause hallucinations, confusion, anxiety, depression, paranoia, psychosis and heart palpitations (ACT Health 2011).

As synthetic cannabisis a manufactured substance, there can be considerable variety and quantity of substances present, resulting in unpredictability in the effects of use (NSW Health 2011b).

4-MMC (4-Methylmethcathinone)

An analogue which has received significant media and law enforcement attention is 4-methylmethcathinone (also known as 4-MMC or mephedrone). 4-MMC is a synthetic stimulant and an analogue of the drug methcathinone. It is known to produce central nervous system stimulation, psychoactivity and hallucinations (DEA 2011a). In Australia, there are no legal uses for 4-MMC and it is listed as a prohibited import under Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 and is a Border Controlled Drug under Section 314.4 (2) of the Commonwealth Criminal Code Act 1995.

Other common names for 4-MMC include; meph, meow, miaow-miaow, m-cat, plant food, drone, bubbles and kitty cat. The most common form is an off-white or yellowish powder and it is also available in tablet or capsule form. The powder can be snorted or swallowed in bombs (wraps of paper). There has been limited reporting of injection as a form of administration of the drug (Sindicich & Burns 2011; ADF 2011d).

Users report that 4-MMC produces a similar experience to drugs such as amphetamines, ecstasy or cocaine. Reported effects include euphoria, increased energy and alertness, loss of appetite, dilated pupils, tremors or convulsions, insomnia, anxiety and paranoia. The long-term effects of 4-MMC are difficult to identify due to limited research in this area (ADF 2011d).

International Trends

In 2011, products containing new psychoactive substances became available in many parts of the world, including the Americas, the Middle East, Oceania and parts of Asia. Many countries are now facing the challenge of identifying an ever‑increasing range of substances in a rapidly changing market (EMCDDA 2011a).

In 2010, the US Drug Enforcement Agency reported that an estimated 2 977 samples of synthetic cannabinoids were submitted to State and local forensic laboratories in the US. This was a considerable increase from the estimated 15 synthetic cannabinoid samples identified during 2009. In 2010, nearly two-thirds of these samples were identified as JWH-018¹⁶ (63 per cent) and about one-quarter as either JWH-250¹⁷ (14 per cent) or JWH-073¹⁸ (9 per cent) (DEA 2011d).

Europe continues to see an increase in new synthetic substances with a total of 41 new synthetic psychoactive substances reported to the European Early Warning System in 2010 (Europol 2011). Of the 41 new psychoactive substances identified in 2010, 15 were synthetic cathinones and 11 were synthetic cannabinoids(EMCDDA 2011a; Europol 2011)

The 2010–11 British Crime Survey of UK residents reported that respondents aged 16–24 years of age had the highest rates of synthetic cannabinoids use. Among 16–59 year olds, the proportion of respondents reporting 4-MMC use was equal to the proportion reporting ecstasy use (1.4 per cent) and in the 16–24 years age group, the proportion was equal to powder cocaine use (4.4 per cent) (Smith & Flatley 2011). An online survey targeting club-goers in the UK found that 4-MMC was the fourth most commonly used drug (after cannabis, ecstasy and cocaine) among the 2 295 respondents (EMCDDA 2010).

In 2010–11, the increasing variety and expanding market in analogues saw many countries—including Australia—take steps to prohibit their importation, sale and use. In some countries, including the US and New Zealand, synthetic cannabinoids have been temporarily categorised as controlled substances as these governments seek to appropriately amend legislation to ensure that all current and emerging cannabimimetics are captured.

As of December 2010, the US Drug Enforcement Administration (DEA) banned five synthetic cannabinoids by placing them in Schedule I under the Controlled Substances Act, which is for substances considered to have a high potential for abuse and no known medical benefits. This ban will continue for a year, making it illegal to possess or sell products that contain synthetic cannabinoids and allowing the DEA time to gather information regarding these five synthetic cannabinoids (DEA 2011b).

In 2011, the New Zealand Government approved amendments to the Misuse of Drugs Act 1975, creating a new mechanism to place a temporary ban on unregulated substances of concern. This new mechanism enabled the New Zealand Minister for Health to place a 12-month ban on any current or emerging synthetic cannabinoids. The New Zealand Government intends to implement recommendations from the New Zealand Law Commission that reverse the onus of proof, requiring industry to prove its products are safe (NZ Government 2011).

In response to potential health concerns, Austria, Germany, France, Luxembourg, Poland, Lithuania, Sweden and Estonia have taken legal action to ban or otherwise control synthetic cannabis products and related compounds. In December 2010, while mephedrone was banned in the countries of the EU it is still available in illicit drug markets (UNODC 2011a).

Domestic Market Indicators

In 2011, the Australian Government announced the addition of eight synthetic cannabis compounds to Schedule 9 of the SUSMP. The eight synthetic cannabis compounds were scheduled on the basis that they are used for the purpose of obtaining a psychoactive effect, may be dependence producing, have no legitimate therapeutic uses and have documented harmful effects which may be significant in some individuals (TGA 2011). Several synthetic cannabis compounds were added to state and territory legislation during 2010–11 (see State and territory legislative amendments and initiatives chapter).

4–MMC is a prohibited import under the Schedule 4 of the Customs (Prohibited Imports) Regulations Act 1956 and is a Border Controlled Drug under the Commonwelth Criminal Code Act 1995. On 9 April 2011, 4–MMC became a prescribed substance under the Criminal Code Regulations Act 2002.

The extent of synthetic cannabis use among the general population in Australia is currently unknown.

According to a 2010 study of regular ecstasy users, 16 per cent of respondents reported recent use (in the last 6 months) of 4MMC, while 18 per cent reported in lifetime use. Recent 4–MMC use was reported primarily in Tasmania and Victoria. Snorting, followed by swallowing, was the most common method of administration, with minimal reporting of smoking and injecting 4MMC (Sindicich & Burns 2011). Early findings from the 2011 study indicate a small decline in recent use, with only13 per cent reporting recent use of 4-MMC (NDARC 2011d).

Price

Law enforcement price data for synthetic cannabis and 4-MMC is limited. In Tasmania in 2010–11, a cap of 4-MMC ranged between $15 and $50. The price of one gram of synthetic cannabis leaf in Queensland ranged between $20 and $30.

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