Police don't have right tools to test for stoned driving

Just months away from legal marijuana in Canada and police officers still have no way to definitively tell if a motorist they pull over is stoned.

Right now, police officers have to make “a judgement call” on whether a driver is incapacitated to the point that they shouldn’t be behind the wheel. That’s only part of the problem according to Lawyer, Avi Levy, at Ticket911.ca.

Besides the current gaps in legislation and regulations, Levy says police “don’t have the right tools” and are forced to rely on tests similar to those used to check if someone is drunk driving.

“So, they have to make do with what they have and it’s not always going to be a hundred percent,” said Levy.

The other problem is that law enforcement cant test people for pot use as they can for alcohol.  

"If somebody tests positive that they have THC in their system it doesn't mean that they smoked just before getting pulled over, they could have smoked a month ago."

Levy added that he suspects there will be many more legal challenges to pot related tickets or fines because of the weakness and quality of the evidence that will be available in the fall when legal pot is expected to be available.