A PRO-CANNABIS campaign group is calling for politicians to scrutinise newly-proposed legislation that could see the introduction of legally defined drug-concentration limits for drivers and give the police powers to conduct roadside drugs tests.
End Cannabis Prohibition Jersey co-ordinator Simon Harrison said that the group was concerned the amendment lodged by Infrastructure Minister Andy Jehan was being “rushed through”.
The legislative changes being brought forward by Mr Jehan seek to introduce a new offence of driving or being in charge of a motor vehicle with a concentration of a specified drug above a prescribed limit.
Currently, the law enables the prosecution of drivers impaired by drugs or alcohol, but there is no statutory definition of a legal limit for drug use.
If approved, Mr Jehan’s amendment would initially see a limit of 5 µg/L (micrograms per litre of blood) for Delta-9-Tetrahydrocannabinol (THC), though further specified drugs could be added by ministerial order in the future.
The THC limit would be lower (2 µg/L) in cases where the driver also exceeds the prescribed
alcohol limit, or if the vehicle can only be driven by someone with a public service vehicle or Group 2 licence, or if the driver is a registered driving instructor at the time.
It would also introduce powers for trained police officers to carry out a preliminary drug test with approved testing devices.
But Mr Harrison criticised the amendment’s “omission” of a medical defence, which is present within UK and Guernsey legislation, encompassing situations in which drivers can prove that the drug was legally prescribed and taken as instructed – though this does not apply if the medication caused them to be impaired while driving.
“This isn’t just about cannabis,” he said.
“This is about future proofing the entire law, so that when they do add in benzodiazepines, opiates and other medicines in future, that that medical defence will be there.”
He added: “There’s no information in the report accompanying the proposition to actually explain the justification of the limits or the reasons for only looking at cannabis, or the timeline for when other drugs will be added.”
Mr Harrison explained that End Cannabis Prohibition Jersey “would like for this proposition to be called in by scrutiny”.
“This is coming in at the last sitting of this term, so we’re concerned that this is being rushed through and we need it to be scrutinized to properly address these concerns. It is incredibly alarming to the patient community.”
Deputy Tom Coles, who is vice-chair of the Environment, Housing and Infrastructure Scrutiny Panel – and who was behind a narrowly-defeated proposition in 2024 to try to decriminalise the personal possession and recreational use of cannabis for adults – said the panel had received a briefing on the amendment.
“They said they got to this number [5 µg/L] by speaking to some of the prescribers over here,” he told the JEP.
“They reckon that if you use your subscription as directed, you should be able to use the prescription and then within six hours be below that limit and safe to drive.”
Deputy Coles continued that the panel “haven’t been able to have chance yet to scrutinise that any further”, but he also noted that police would be “looking for a level of appeared impairment” before considering using a roadside test.
“They were also looking to try and crack down on people who are smoking cannabis while actually driving at the same time,” he added.
