In order to test the effectiveness of roadside cannabis screening tests, theOffice of Traffic Safety (OTS) of Minnesota has launched a pilot project to develop a saliva test to detect actual intoxication in drivers who have consumed cannabis.
Minnesota Saliva Testing Pilot Program
According to Mike Hanson, director of the OTS, the primary goal of the saliva test is to identify people who have used substances like cannabis and opioids in the last two hours, rather than detecting use dating back several days, reports Fox9. The test uses the SoToxa Mobile Test System and the Dräger DrugTest 5000both of which have been tested in other states.
The state has recruited 320 drug recognition evaluators (DREs) for the program, the majority of whom are local law enforcement officers. These evaluators, trained to recognize signs of impairment due to substances other than alcohol, will be equipped with saliva tests. The testing process includes field sobriety tests, followed by a voluntary saliva sample, which is then analyzed for the presence of six substances, including cannabis. Possibly positive drivers will not be arrested or have their license revoked while participating in the operation.
Individuals participating in the pilot program voluntarily provide saliva samples, which will allow the OTS to collect valuable data on the prevalence of driving under the influence of drugs. The goal is to submit this data to the Minnesota Legislature in fall 2024, advocating for legislative updates that would allow law enforcement to use these devices to arrest drunk drivers.
Minnesota saw an increase in drug-related driving incidents between 2013-2017 (8,069 incidents) and 2018-2022 (15,810 incidents).
Global roadside enforcement initiatives
Minnesota’s program aligns with similar initiatives globally. In Michigan, the Roadside Oral Fluid Testing Pilot Program, launched in 2017, used the Alere DDS2 device to test for a variety of substances. Phase II of the program, from 2019 to 2020, expanded its scope. Other US states, including Alabama and Kansas, have also implemented roadside saliva tests.
Canada, following the legalization of cannabis for adult use in 2018, adapted its laws to allow the use of saliva drug tests on the side of the road with the Dräger DrugTest 5000. The SoToxa mobile testing system received approval for use by law enforcement in 2019. Meanwhile, in Australia, the Victorian Parliament approved a bill for medical cannabis driving testing in October 2023, signaling a commitment to understanding how cannabis affects driving behavior.
While the continuation of roadside drug testing is laudable, concerns have been raised about the effectiveness of these tests. Vancouver-based lawyer Kyla Lee highlighted problems with Dräger’s DrugTest 5000, citing its unreliability in determining intoxication. False positives, particularly for people who have only consumed CBD, and difficulty performing in cold weather are among the reported problems.
An article published in September 2023 on the website of theAmerican Council on Science and Health echoes these concerns, citing a study by researchers at the University of California, San Diego. The study questions the accuracy of roadside saliva tests, highlighting the lack of scientific consensus on their reliability in indicating cannabis intoxication.
University of Minnesota launches cannabis research center
The University of Minnesota recently launched the Cannabis Research Center (CRC), in response to the legalization of cannabis for adults aged 21 and older in the state. Created under the auspices of the School of Public Health, the CRC aims to assess the impact of cannabis legalization in Minnesota and guide policymakers in developing regulations and best practices. With an annual budget of $2.5 million, the center will be funded by cannabis tax revenue once the state’s recreational market is operational.
Professor Traci Toomey, a public health policy expert focused on substance use control policies, will be the CRC’s first director.
The center will have different objectives including:
- conduct in-depth research on the health effects of adult-use cannabis legalization, addressing issues related to equity, prevention and treatment of substance use disorders, education and decriminalization
- prioritize anti-racist principles
- maximize the health benefits of cannabis regulation
- study the impact of cannabis on underage users, given concerns about its effects on brain development and the risk of cannabis use disorders later in life
- study the influence of cannabis legalization on public safety, health equity, and potential disparities in the marketing and distribution of cannabis in different communities.
Minnesota’s adult-use cannabis law has been in effect since August. State-licensed cannabis dispensaries are scheduled to open in early 2025, pending regulations for commercial production and sales.
