The Aotearoa Legalise Cannabis party warns the government’s plans to introduce random roadside drug testing will have a disproportionate effect on Māori drivers, as well as drivers with mental illness.

Advocates agree they want safe roads however are concerned random roadside drug tests will impact innocent people with false positives because of their medication.

Later this year the government will implement 50,000 random roadside drug tests for 25 different drugs including cocaine, methamphetamine, and cannabis.

Drivers are not targeted for impaired driving but randomly and then charged based on theories of drug impairment.

The oral fluid tests will be used and if failed, a second test will occur due to the unreliability of the tests, and finally a blood test will be taken to confirm.

Maki Herbert (Te Aupouri and Te Rarawa) the co-leader of Aotearoa Legalise Cannabis Party, told Te Ao Māori News he’s worried about those suffering with mental illness and Māori who are likely to be targeted by police.

We’re much better than that presumption of we’re a lower class citizen, we’re not... we are so much more progressive in our way of thinking that we can actually find a way to get past that. we are our own destiny so we have to make it.

—  Maki Herbert

Thousands of innocent people charged for false positives

The NZ Drug Foundation said the saliva tests are unreliable which is why you must fail two before getting a blood test.

Speaking to RNZ, Dr Amie Hayley said the presence of THC in saliva or blood isn’t enough to claim someone is unsafe behind the wheel, and cannabis advocates said this legislation will mean thousands of innocent people will be charged.

Unlike alcohol, Hayley said there isn’t a linear relationship between consumption and impairment, and the levels of drug presence depend on weight and gender which influence detectable levels without necessarily affecting the person’s ability to drive.

National Organization for the Reform of Marijuana Laws spokesperson Chris Fowlie also told RNZ the saliva testing will lead to many false positives because the tests will target people outside the three to four-hour window of potential impairment. As THC can be in the system for several days for regular users, including medical users.

Herbert told Te Ao Māori News the move is another form of control, and “easy work for the establishment to put seats on prison beds”.

Disproportionate effects on mentally ill people

The implementation of this itself, Herbert said is a fear-mongering that will cause more paranoia for those who suffer from mental illness.

Simeon Brown, Transport Minister said those can contest infringement if someone was taking the drug in accordance with their medical advice however, Herbert said it is vulnerable to people being hit by this.

People who are already struggling and want to live a normal life and drive, when cannabis, antidepressants, and anti-anxiety medication remain in the system for days and tests will come back positive even if someone consumed it outside the window of impairment.

When they fail they must go with the police to a health practitioner and have their blood taken.

If the blood test is a fail, they will have to contest with and advocate for their innocence and rights and prove they are under medical advice.

Herbert said the government should be focused on helping the wellness of mentally ill people and those with addictions rather than criminalising them.

She said alcohol and methamphetamines are the biggest concerns, the former being less prioritised than it used to be.

She believes money should be invested into helping rehabilitation and creating community hubs for those going through rehabilitation, rather than isolating those struggling.

There are many people prescribed medicinal cannabis, but also people who suffer from mental illness, chronic illness, and autoimmune disorders who self-medicate because of the known health benefits of cannabis.

This is why Herbert said the government should take cannabis out of the Misuse Drugs Act and put it into the health sector.

The targeting of Māori

There has been a history of Māori speaking out against racial profiling, Māori receiving higher sentences for the same crimes, and police brutality against Māori.

In 2020, then-Police Minister Stuart Nash said there were no issues of systemic racism but instead an “unconscious bias”.

Still, in 2023, the Ministry of Justice said Māori are overrepresented at every stage in the criminal justice system. Māori are 37% of people proceeded against by Police, 45% of people convicted, and 52% of people in prison.

Herbert believes the legislation will target Māori.

“We’re much better than that presumption of we’re a lower class citizen, we’re not... we are so much more progressive in our way of thinking that we can actually find a way to get past that. we are our own destiny so we have to make it,” she said.

The solution

Herbert agreed we want safe roads where people aren’t in danger because of drug use, but is worried about the harm this legislation could cause by targeting the wrong people.

As mentioned before Herbert said law reform in removing cannabis from the Misuse Drugs Act would help to prevent medicinal users. However, Herbert said there is power in being Māori, even if you don’t believe in the system. For instance, the law wasn’t needed to change the hemp industry or medicinal cannabis use.

She said to stay mindful, determined, and passionate, and to come together as a community to find the solutions the government isn’t providing.

“There is a light at the end of the tunnel if we just stick to what we know, and that’s our Māoritanga, Te Ao Māori,” she said.

“Our tūpuna have always pioneered new times, so let’s start pioneering new times”