Finland: testing positive for cannabis while driving will no longer be a systematic offence

While the Finns seek to decriminalize cannabis, The Finnish Supreme Court has ruled that motorists can no longer be charged with driving under the influence if they have been using cannabis for several days.

In Finland, cannabis consumption is still illegal, and drivers still risk prosecution for this offence if they get behind the wheel, even several hours after consuming cannabis. Cannabis consumption leaves two traces in drivers' bodies: THC and carboxytetrahydrocannabinol (THC-COOH), a THC metabolite.

the THC remains in the body between six and eight hours after consumption, unlike THC-COOH, which may appear in screenings for several days or even weeks. Unlike THC, THC-COOH has no intoxicating effect and therefore does not impair driving ability.

According to Teemu Gunnar, forensic toxicologist at the National Institute of Health and Welfare (THL), it makes sense that THC-COOH readings in the blood do not automatically lead to a penalty for driving under the influence.

«It is quite rational that, to find some several days after its use, does not lead to a penalty for drunk driving, because it does not affect the ability to drive,» he said. declared.

Updating police practices

The Supreme Court's ruling in fact dates back à 2016. The Supreme Court had rejected an appeal court conviction of a driver who had consumed cannabis before driving. THC-COOH «does not affect driving ability or traffic safety, even at high levels», said the court in its judgment.

Since this decision, police and prosecutors have changed their practices to comply with the Court's ruling. Prosecutors no longer prosecute solely on the basis of the presence of THC-COOH in the blood, or if the police have confirmed that there is no reason to suspect an offence.

«We acted in accordance with the Supreme Court's guidelines, in other words, in most cases we don't bring charges. Before [the Supreme Court ruling], the charges were upheld,» noted District Attorney Tero Kekki.

«We have reacted and practices have changed. We don't launch unnecessary investigations,» commented Detective Inspector Ilpo Pajunen of the Helsinki Police Department.

Despite the case law, the authorities can nevertheless continue to punish motorists. The Finnish penal code requires that a driver be cited for impaired driving if his or her blood contains «an active substance or metabolite of a drug used» during or after driving.

The Supreme Court emphasized the need to amend the legislation. The bill states that the impaired driving rule should not apply to situations where the driver's inability to drive cannot be established.