Minnesota to evaluate reliability of salivary cannabis tests

To evaluate the effectiveness of roadside cannabis screening tests, the’Office of Traffic Safety The Minnesota Office of Traffic Safety (OTS) has launched a pilot project aimed at developing a saliva test to detect actual impairment in drivers who have used 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 such as cannabis and opioids within the last two hours, rather than to detect use that occurred several days ago, reports Fox9. The test uses the SoToxa Mobile Test System and the Dräger DrugTest 5000, both of which have been tested in other states.

The government 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 impaired functioning caused by 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. Drivers who test positive will not be arrested or have their licenses suspended while participating in the operation.

Participants in the pilot program voluntarily provide saliva samples, which will allow the OTS to collect valuable data on the prevalence of drug-impaired driving. The goal is to present this data to the Minnesota Legislature in the fall of 2024, advocating for legislative updates that would allow law enforcement to use these devices to arrest drivers under the influence.

Minnesota saw an increase in the number of incidents related to driving under the influence of drugs between 2013–2017 (8,069 incidents) and 2018–2022 (15,810 incidents).

Global Initiatives on Roadside Inspections

The Minnesota program is in line with similar initiatives around the world. In Michigan, the roadside oral fluid testing pilot program, launched in 2017, used the Alere DDS2 device to test for various substances. Phase II of the program, from 2019 to 2020, expanded its scope. Other U.S. states, including Alabama and Kansas, have also implemented roadside saliva testing.

Following the legalization of cannabis for adult use in 2018, Canada amended its laws to allow the use of roadside saliva-based drug tests using Dräger’s DrugTest 5000. The SoToxa mobile testing system was authorized for use by law enforcement in 2019. Meanwhile, in Australia, the Victorian Parliament approved a bill for a pilot program on driving under the influence of medical cannabis in October 2023, signaling a commitment to understanding how cannabis affects driving behavior.

Although the continued use of roadside drug tests is commendable, concerns have been raised about the effectiveness of these tests. Vancouver-based attorney Kyla Lee, emphasized the issues with Dräger's DrugTest 5000, citing its lack of reliability in determining intoxication. False positives—particularly for people who have consumed only CBD—and performance difficulties in cold weather are among the reported issues.

An article published in September 2023 on the website of the’American Council on Science and Health echoes these concerns, quoting A study conducted by researchers at the University of California, San Diego. The study casts doubt on the accuracy of roadside saliva tests, highlighting the lack of scientific consensus on their reliability in detecting cannabis intoxication.

The University of Minnesota Launches a Cannabis Research Center

The University of Minnesota recently opened the Cannabis Research Center (CRC), in response to the legalization of cannabis for adults aged 21 and older in the state. Established under the auspices of the School of Public Health, the CRC aims to assess the impact of cannabis legalization in Minnesota and to guide policymakers in developing regulations and best practices. With an annual budget of $2.5 million, the center will be funded by cannabis tax revenues once the state’s recreational market is operational.

Professor Traci Toomey, an expert in public health policy focused on substance use control policies, will be the CRC's first director.

The center will have several objectives, including:

• conduct in-depth research on the health effects of legalizing cannabis for adult use, 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
• to study the impact of cannabis on underage users, given concerns about its effects on brain development and the risk of cannabis-related disorders later in life
• to study the impact of cannabis legalization on public safety, health equity, and potential disparities in the marketing and distribution of cannabis across different communities.

The law of Minnesota on Adult-Use Cannabis has been in effect since August. State-licensed cannabis dispensaries are scheduled to open in early 2025, pending the implementation of regulations governing commercial production and sales.