In November, California voters approved of the recreational use of cannabis beginning January 2018. As multiple agencies work together to create and regulate the cannabis marketplace, lawmakers are also working to set up a framework.
Assemblymember Tom Lackey (R-36th District) has sponsored legislation, AB 171, the Medical Cannabis Regulation and Safety Act, to create a licensure and reporting program, which has a January implementation deadline and would likely rely on track-and-trace software.
One other piece of Lackey’s legislation, AB 6, would create a drugged driving task force that would develop practices and laws to identify and prosecute drivers under the influence of drugs.
The legislation includes a field test unit that uses an oral swab to test for the presence of cannabis, and possibly other drugs. The technology was tested in Sacramento, Los Angeles, Bakersfield and Fullerton under a 2013-2014 pilot program funded by the National Highway Traffic Safety Administration. The Bakersfield tests led to a court case that ruled the swab was admissible evidence in court.
The oral swab cannot test for alcohol or detect exact amounts of a substance. The test cannot determine if a driver is impaired. The test could be used to decide if a blood test is necessary to gain more detailed information.
San Diego County began using the devices in March after two were donated by the San Diego Police Foundation. The devices cost about $6,000 each and can test for marijuana, methamphetamine, cocaine, amphetamine, opiates, methadone and benzodiazepines.
