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Drug Testing....A Loophole?

Discussion in 'General Motorcycling Discussion' started by Speedy, Oct 28, 2011.

  1. I was watching RBT last night and noticed an interesting outcome for people caught with evidence of cannabis in their system.
    Essentially they were told that they would be going to court, and that they cannot drive for 24 hours.
    Now I know that THC stays in the system for a long time, and that roadside testing does not measure quantity, only the presence of, THC.
    So the obvious implication of that is that 24 hours later, they would probably still have THC in their system, but they have been given consent to drive by the police, even though the police know that THC would probably still be present!
    So essentially they are being given an "exemption" from drug driving laws.
    Whilst I don't support people tearing around ripped to the gills, it would be interesting if this was a legal loophole to get around the laws as they stand.

  2. Swab tests only detect active THC which only lasts for 6 hours. Piss tests test for inactive which is 3 months. cannabis while still illegal cannot in any way be compared to other drugs.
  3. from http://www.nhtsa.gov/People/injury/research/job185drugs/cannabis.htm

    so no, not really. after 24 hours the level of impairment is low. Their everyday crap driving habits probably make them more dangerous than the residual THC in their system
    • Like Like x 1
  4. how is it a loophole when it takes them getting caught in the first place?
  5. Only is detectable in saliva for about 6 hours after your puff of the magic dragon. Stays in your blood though for approximately 28 days - so any accident requiring mandatory blood tests it will show up. The legislation only stipulates that the presence of the illegal drug is the actual offence - not your impairment.

    The moral of the story? Get ****ed up on cocaine/LSD/DMT/GHB/heroin instead as they don't show up on their swabs. Can't be having the yuppie soccer mums from Double Bay testing positive to coke while they're charing around in Range Rovers with little Johnny in the back, can we?
    • Like Like x 2
  6. The way the OP has worded it means you cannot drive for 24 hours but it doesn't mean you're ok to drive after that.
  7. True dat. If you get caught again and you return another reading after your 24 hours......strike 2

    One of things that does interest me from watching the show a couple of times is the people who return an initial reading, but when their blood is sent off for analysis it shows up as a zero. Yet they've still been disqualified for 24 hours, what gives?
  8. Mate got busted when he was completely clean from drugs. 11 of 12 road side tests that come up positive come back from the lab as a negative.

    This is what happened.

    Pulled over for breath test. Told to pull right into the drug test zone.

    After waiting around 5 minutes initial tongue wipe test came back positive (for one drug).

    Mate was told to get out of the car (which i then drove to another parking spot) for another test in which he had to put a cotton bud stick in which gathered saliva.

    The saliva was tested further by anther machine which showed up positive for two drugs.

    Cops that were testing had no faith in the tests and said it was just preliminary.

    I drove home (untested) mate was told not too drive for 16 hours.
  9. I recently had four standards within a reasonable time frame. Pulled over into rbt about 20 min after finishing the last. The initial read showed positive, but once he got me to use the tube it said zero twice - he got me to repeat it on a different unit.

    I believe they actually do. Can you site this?
  10. Lucky Lilly, I had three glasses of white wine over two-point-something hours and was tested @0.053 BAC both roadside and then on the machine in the RBT party van 15 minutes later. Attended Balmain court last month and have been given an adjournment until 18th January to allow me to complete the Traffic Offenders Intervention Program (commenced it last Wednesday night - 8 x 2 hour sessions with homework at North Sydney PCYC).
  11. I have nothing to add to this except that Blaise, it's good to see a Christina Model avatar.

    Back on topic.
  12. #12 Ljiljan, Oct 29, 2011
    Last edited by a moderator: Oct 24, 2015
    Should have been a but more specific. 4 standards in about 3 to 4 hours. I was more than fine.
  13. The swab tests can only test for delta-9-tetrahydrocannibinol and for the amphetamine family (ecstasy all the way through to 'ice') - so basically cannabis and amphetamines.

    The blood tests, however, will show up basically anything recent. They very rarely do these, usually only after a fatal/serious injury crash at a hospital.
  14. THC via urine can be expelled within 48 hours if you smoke very rarely. THC is fat soluble (hence why you can make cookies/butter with weed) so the more frequently you smoke, the more THC is going to be stored in your system. A person who puffs a joint once every 3 months would pass a urine test after 3 days easily.

    ^No need to get technical with the tetrahydracannibinol speak THC will do, the swab can test for cannibinoids which encompasses THC and lesser occurring psychoactive compounds contained within Marijuana as well as amphetamines including MDMA and Cocaine.

    The swab tests are very inaccurate, its more of a legal way to demand a blood test or urine sample. There are a plethora of pharmaceuticals that can cause a false positive via saliva, the first ever person caught in Victoria drug driving turned out to be a false positive, gives you alot of faith in the system eh.
  15. RBT is so bullshit, the dumb cop who is always on there, someone moriarty or something spouts the biggest load of bullshit all the time.

    "Mate was it hydro? because you know they actually sprinkle amphetamines on hydro bud so that its more potent"


  16. From talking to friends who have had false indications on the first test, supposedly if you've consumed alot of energy drinks containing taurine can be the reason for it, although you should then pass the secondary roadside test...

    As for people saying its not in your saliva after 6 or so hours, you frequently see people on RBT get nailed for both amphetamines and THC upto a couple days since when they claim they had their last hit. I was always under the impression (whilst it doesnt effect me) that if you are going to have either then you'd be better off waiting atleast 48 hours before driving if you want to play safe...
  17. shouldn't they be encouraging the use of depressants and hallucinogens? Surely you won't speed if you are stoned out of your mind/being taunted by a giant yellow panda?

    Someone try that as a defence. "But magistrate, i was only smoking weed so i wouldn't be as stressed in all this traffic, honest!"
  18. LOL! Didn't stop Hunter s. Thompson In 'The Great Shark Hunt?' :tantrum: :D
  19. Like I said, can you actually cite this? All the more respectable sources I have seen say otherwise. Notably the ones that mention specific swab tests for xxxx and the multi detection swabs.
  20. http://www.rta.nsw.gov.au/roadsafety/alcoholdrugs/drugdriving/roadsidetesting.html