Jersey Proposes Mandatory Driving Bans for Drug Offences Under Tough New Laws
Motorists in Jersey could face mandatory driving bans and severe penalties, including up to 12 months in prison and fines of £10,000, under proposed stricter laws targeting drug-driving offences. The reforms aim to address the rising issue of drivers under the influence of drugs, with police gaining new powers to conduct roadside drug tests.
New Police Powers and Testing Procedures
Under the current Jersey laws, there is no statutory limit for legal drug levels in a driver's blood, and police are not permitted to carry out roadside tests. The proposed changes will empower police to use devices similar to breathalysers to test for cannabis in a driver's bloodstream through roadside sweat or saliva kits. A positive result could lead to an arrest and a follow-up blood test at police headquarters.
Andy Jehan, Jersey's Minister for Infrastructure, emphasised the necessity of these changes to combat the increasing problem of drug-impaired motorists. He stated that the reforms are crucial for enhancing road safety and aligning with modern enforcement techniques.
Legal Limits and Special Provisions
The proposed cannabis limit for the general public will be set at five micrograms per litre of blood, which is more than double the current UK limit of two micrograms. Mr Jehan explained that this higher limit is designed to accommodate individuals who use medicinal cannabis for health reasons, ensuring they are not unfairly penalised. However, this limit applies universally, regardless of whether cannabis is prescribed, and drivers will not be required to carry proof of prescription under the new system.
For specific groups, stricter limits will apply. Driving instructors, drivers with HGV licences, or public service vehicle permits will face a lower limit of two micrograms. Additionally, any driver found over the legal alcohol limit will also be subject to a two microgram cap on drugs in their bloodstream.
Penalties and Enforcement
First-time offenders convicted of driving with drugs over the legal limit would receive a 12-month driving ban. Those caught repeating the offence within ten years could face a three-year disqualification from driving. Jersey's Chief of Police, Robin Smith, expressed particular concern about drug-driving, noting it is harder to detect than alcohol-related offences, as reported by GB News.
If the law is passed, ministers have the potential to add other controlled substances to the legal limits in the future, further broadening the scope of enforcement.
Criticism from Campaigners
Campaigners have criticised the proposed changes, arguing they could unfairly punish patients who consume legal medicinal cannabis. Simon Harrison from End Cannabis Prohibition Jersey highlighted that the law lacks a medical defence for those taking prescribed cannabis, which is accounted for in UK and Guernsey legislation but not incorporated in Jersey's proposals. He warned that patients following prescription guidance might inadvertently exceed the limit and face severe penalties without recourse.
Next Steps and Implementation
The proposals have been registered with the States Greffe and are scheduled for debate by the States Assembly starting March 24. This marks a significant step towards implementing tougher drug-driving laws in Jersey, with the aim of reducing incidents and improving public safety on the roads.
