Today’s “blood alcohol limit” for cannabis was introduced in 2012. The limit was set at 0.004 micromoles of THC per liter of blood, and should correspond to an alcohol blood alcohol level of 0.2. THC is the active ingredient in cannabis. The association Tryggerere Ruspolitikk believes that the current limit is set so low that hundreds may have been convicted of drunk driving, even if they were not under the influence when they got behind the wheel. Now news can say that the Norwegian Medicines Agency already warned in 2009 that this could happen. In 2012, ban limits were introduced for 20 different substances. Three years before the introduction, the Norwegian Medicines Agency warned in a consultation response. Photo: Stian Lysberg Solum / NTB Before today’s ban limit came into effect, a report on proposals for changes to the Road Traffic Act was sent for consultation. In a consultation response, the Norwegian Medicines Agency wrote that the alcohol limit for alcohol cannot be compared with other substances. They thought it was utopian to introduce today’s limits, and at the same time exclude intake several days back in time. “It is practically impossible to find zero tolerance at the level of 0.2 per thousand for all the various narcotic substances, without at the same time accepting that a good number of those caught with levels as high as 0.2 per thousand of ethanol are the result of one or more intakes further back in time prior to a given current driving”, wrote the Norwegian Medicines Agency in 2009. – The Norwegian Medicines Agency still believes that this assessment stands, writes senior physician Sigurd Hortemo in an email to news, 14 years later. At the same time, Hortemo emphasizes that they recognize that the current regulations must have general preventive considerations. Senior physician in the Norwegian Medicines Agency Sigurd Hortemo. Photo: Erlend Dalhaug Daae Cannot rule out intake several days back In 2012, prohibition limits were set for 20 different substances. Some of these substances can have a half-life of up to several days, writes regional director of the Norwegian Medicines Agency Dag Jordbru in an e-mail to news. – In these cases, it cannot be ruled out that drug intake several days ago could exceed the set limits, Jordbru states. Area director in the Norwegian Medicines Agency Dag Jordbru. Photo: Statens legemiddelverk This also applies to THC, which is the active ingredient in cannabis. While alcohol breaks down in the body at a steady pace, the half-life of THC gradually lengthens. – After prolonged and high consumption, the substance can be detected for up to several days from the last intake, writes Oslo University Hospital. Does not emphasize tolerance In July, it became known that the Supreme Court will assess whether the current limit values for THC in the blood of drivers are legal or not. The Ministry of Transport and Communications set the limit back in 2012. They do not want to be interviewed by news about the limit values. Nor will they answer questions we have sent them in writing. – The ministry does not comment on cases that go through the legal system, writes press contact Edvard Andersen in an e-mail to news. In a general response about the current regulations, the ministry writes that the current regulations do not take into account the establishment of tolerance for a particular substance. – Anyone who exceeds the limit values is considered affected. Tolerance is not emphasized for alcohol either. The entire response from the Ministry of Transport and Communications can be read at the bottom of the case. This is the current level of punishment for THC 0.004 micromoles of THC per liter of blood (should correspond to 0.2 per thousand): Fine 0.010 micromoles of THC per liter of blood (should correspond to between 0.5 and 1.2 per thousand): Fine, suspended prison, deprived of driving license in at least one year. 0.030 micromoles of THC per liter of blood (must correspond to over 1.2 per thousand): Unconditional imprisonment, fine, disqualified from driving for at least one year. Source: Regulations on the influence of drugs other than alcohol Should not affect residual concentrations The main purpose of the current limits is to prevent drivers from getting behind the wheel when they have reduced driving skills. Before the limits came into force, the ministry wrote in its bill that it did not want to punish drivers with residual concentrations of substances in their blood. – To the greatest extent possible, we want to rule out drivers being punished under the Road Traffic Act on the basis of old residual concentrations of substances in the blood where these are so low that they cannot in any way affect the person concerned’s ability to drive the vehicle, wrote the ministry. This is what the ministry writes: “It follows from the Road Traffic Act section 22 first paragraph that no one must drive a motor vehicle when he is ‘under the influence of alcohol or other intoxicating or narcotic substances’. It follows from the provision’s sixth paragraph that the ministry can issue regulations ‘on limits for concentrations in the blood of other intoxicants or anesthetics as mentioned in the third paragraph and section 31 second paragraph’. Such regulations were given by the ‘Regulation on the fixed limit for the influence of other intoxicating or narcotic substances than alcohol etc.’ of 20 January 2012 No. 85. It appears from § 1 of the regulation that the regulation ‘specifies fixed limits for when under the Road Traffic Act Section 22, third paragraph, is considered to be under the influence of other intoxicants or anesthetics than alcohol.’ For THC, for example, the limit value for criminality is set at 0.004 µM measured in whole blood, for amphetamine the limit is 0.300 µM, cocaine 0.080 µM, morphine 0.030 µM, GHB 100 µM. The low criminality limits (legal limits) that have been set for these 28 traffic-dangerous substances correspond to 0.2 per thousand. The regulations imply that for the substances specified in the regulations, an individual assessment of the degree of impact must not be made. If the limit value for the individual substance is exceeded, driving a motor vehicle is punishable. This means, among other things, that the motor vehicle driver’s build-up of tolerance for a specific substance must not be taken into account. Anyone who exceeds the limit values is considered affected. Tolerance is not emphasized for alcohol either. Section 2 of the regulation makes an exception if ‘the exceedance is due to a medicinal product taken in accordance with the current prescription from a doctor or dentist’. In such cases, the driver must be assessed according to Section 22 first paragraph of the Road Traffic Act – the concept of influence. The Road Traffic Act’s sentencing provision, § 31, has the same distinction in the third paragraph: ‘The degree of influence in drivers who have taken medication in accordance with the current prescription from a doctor or dentist is assessed concretely’. According to legislation and regulations, motor vehicle drivers who use such drugs must not be assessed according to fixed limits. In these cases, an individual assessment of the degree of impact must be made. In order to come under this exception – the defendant must provide documentation of the prescribed medication, which indicates the current dosage and covers the time of the crime”
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The Norwegian Medicines Agency warned about today’s limit values for drunk driving 14 years ago – news Oslo og Viken – Local news, TV and radio
