Medical Cannabis and Drug Testing in New Zealand

For medical cannabis patients, concerns about prescriptions showing up in workplace or law enforcement drug tests and potentially affecting their employment or driving abilities are common. This article aims to clarify these concerns and provide helpful information.

Drug Testing Methods and Detection Times

What Substances Do Drug Tests Target?

In New Zealand, drug tests typically screen for six primary substances. One of these is THC-COOH, a metabolite produced when the liver processes THC. THC-COOH is targeted in drug tests because it remains detectable in the body longer than THC itself. The five other commonly screened substances include amphetamine, methamphetamine, cocaine metabolite, opiates, and benzodiazepines.

Will Medical Cannabis Show Up in a Drug Test?

Medical cannabis containing THC will likely show up in drug tests. There is no differentiation between recreational and medicinal cannabis use in standard drug tests. The use of THC-containing medicines means that patients could test positive for THC metabolites when subjected to hair, blood, saliva or urine testing.

Can a Drug Test Tell the Difference Between THC and CBD?

Standard drug tests typically screen for THC or its metabolites, not CBD. CBD is unlikely to affect the ability to drive or operate heavy machinery when taken within the guidelines of the medicinal prescription. However, full-spectrum CBD products may contain enough THC to register in a drug test.

How Long Does Cannabis Stay in My Body?

The duration cannabis remains detectable in the body varies widely depending on several factors, including frequency and amount of use, body composition, metabolism, and the potency of the cannabis consumed. THC, the main psychoactive compound in cannabis, can generally be detected in the system for several days to many weeks.

For occasional users, traces of THC may be detectable for up to 3 days after use. In habitual users, the drug may be detectable for up to 10 days, while heavy users may test positive for 30 days or more. THC is metabolised into various compounds that are stored in fatty tissues, leading to a gradual release and extended detection time.

Factors Influencing Detection Time:

• Frequency of Use: Occasional users may clear cannabis from their system in a few days, while regular users may test positive for several weeks or even months after their last use.
• Dosage: Higher doses of THC take longer to be eliminated from the body than lower doses.
• Individual Metabolism: Factors such as age, gender, body fat percentage, and genetics can influence how quickly the body metabolises THC.
• Drug Testing Methods: Different testing methods have varying detection windows for cannabis.

Detection Windows for Different Testing Methods:

• Saliva Testing: Saliva tests usually detect THC up to 12 hours in occasional users but rarely up to 24-72 hours after use.
• Hair Follicle Testing: Hair tests can detect THC for up to 90 days after use. However, this method is less common due to its higher cost and longer detection window.
• Blood Testing: While less common, blood tests can provide a picture of recent use. THC is detectable in the blood for 12-24 hours in occasional users and up to a week in heavy users. Blood testing is typically used in cases such as accident investigations or suspected driving under the influence.
• Urine Testing: Urine tests are the most common method of drug testing due to their ease of use and non-invasive nature. In occasional users, THC metabolites can be detected in urine for up to 3 days after use. For moderate users, detection can last 7 to 21 days, and for heavy users, it can be detectable for 30 days or longer.

Understanding these factors and the detection windows for different testing methods can help medical cannabis patients make informed decisions about their consumption and potential drug test outcomes. It’s important for patients to discuss any concerns about drug testing with their healthcare provider to ensure their medical cannabis use aligns with their personal and professional responsibilities.

 

When will I be drug tested in New Zealand?

There are various situations in New Zealand where drug testing may be required. These include pre-employment screening, random roadside testing, post-incident testing, competitive sports testing, reasonable cause testing, rehabilitation, pre-employment/pre-contract, and internal transfer.

For example, pre-employment drug testing may be required for certain industries to ensure that employees are not under the influence of drugs or alcohol while on the job. Random roadside drug testing is also becoming more common as part of the Ministry of Transport’s Road to Zero campaign, which targets safe driving practices. Post-incident testing may be conducted after an accident or near-miss to determine if drug use was a contributing factor. Drug testing may also be required in competitive sports to ensure that athletes are not using performance-enhancing drugs.

Employers may also conduct drug tests if they have reasonable cause to suspect that an employee is under the influence of drugs or alcohol while at work. Similarly, if an employee is undergoing rehabilitation for drug or alcohol addiction, they may be required to undergo drug testing as part of their treatment plan. Finally, drug testing may be required when an employee is transferring to a new role within the same organisation to ensure that they meet the drug and alcohol policy requirements for their new position.

What are the consequences of failing a drug test in New Zealand?

Consequences for failing a drug test can vary significantly depending on the specific situation. For instance, if the test is required as part of a pre-employment screening process, a positive result may result in the job offer being revoked or the candidate being disqualified from consideration for the position. If the test is required due to a workplace incident or safety concern, the consequences may include suspension or termination of employment.

In some cases, a positive drug test may not result in any immediate consequences, but the results will be reported to the appropriate parties as required by law or organisational policy. For instance, if a drug test is required as part of a criminal investigation, a positive result could lead to legal consequences or further investigation.

In certain situations, a medical defence may be available for individuals who test positive for drugs due to prescribed medication or medical treatment. This may apply to individuals who use medical cannabis as part of their treatment plan. However, it is important to note that the specific circumstances of each case will be considered when determining whether a medical defence is applicable, and it is not a guarantee that negative consequences will be avoided.

Medical Cannabis and Legal Issues

Can I get in legal trouble for using medical cannabis in New Zealand?”

This is unlikely if you use medicinal cannabis as prescribed and within the confines of the law. Consult with your GP or a specialist doctor at a Cannabis

Clinic to provide evidence of your legal medical cannabis use. Following a consultation, the team at the Cannabis Clinic can provide you with letters of support for the use of Medicinal Cannabis, information regarding work, safely travelling with your prescription, or other supportive documentation. These formal clinical documents can be useful to prove that your cannabis use is medically justified to your employer or other authorities.

What do I do if I test positive for THC while taking prescribed cannabis?

The Cannabis Clinic offers documentation from our clinicians to help patients provide identification and proof of their medical cannabis use. Cannabis Clinic doctors also offer expert advice and support to help patients navigate the challenges and stigma associated with medical cannabis use.

Cannabis and Workplace Policies

Is it legal for my employer to drug test me for cannabis?

Yes, under certain circumstances, it is legal for employers in New Zealand to conduct drug tests, including for cannabis. However, workplace drug testing must adhere to specific guidelines and policies.

Employers can legally require drug testing if:

• It is part of their health and safety policy
• It is a condition of your employment
• It is specified in your employment agreement

The primary motivation for drug testing is to maintain workplace safety. Employers have a legal duty to provide a safe working environment, and drug use can potentially impair an employee’s ability to perform their duties safely.

Drug testing may occur in various employment situations:

• Pre-employment: As a condition of job application
• Random testing: For safety-sensitive roles
• Reasonable cause: If impairment is suspected
• Post-incident: Following a workplace accident or near-miss

Pre-employment drug testing may also be conducted as part of the application process for certain roles, particularly in high-risk or safety-sensitive environments.

It’s important to note that there are no specific employment laws governing workplace drug testing in New Zealand. Instead, these practices fall under broader health and safety responsibilities that employers have to maintain a safe working environment. A positive THC-COOH result alone doesn’t necessarily indicate impairment. Workplace policies should focus on fitness for work rather than mere substance presence

If you’re a medical cannabis user, it’s important to discuss this with your employer. Many workplace policies recognise the difference between illicit drug use and prescribed medications.

Remember, while employers have the right to maintain a safe workplace, you also have rights as an employee. If you have concerns about drug testing policies, consider discussing them with your employer, union representative, or seeking legal advice.

Can I be fired from a job if I use medical cannabis?

The legality of terminating employment based on medical cannabis use is a complex issue in New Zealand. Medical cannabis is legal in New Zealand when prescribed by a doctor. However, this doesn’t automatically protect you from employment consequences.

Many workplaces have drug and alcohol policies that may not distinguish between recreational and medical use of cannabis. Employers are primarily concerned with workplace safety and employee impairment. A positive drug test for cannabis doesn’t necessarily mean you’re impaired at work.

While there’s no straightforward answer, we can consider some general principles:

• Workplace policies: Companies should have clear drug and alcohol policies that outline what is and isn’t acceptable, as well as the consequences of positive test results.
• Safety considerations: Employers have a responsibility to maintain a safe work environment. If an employee’s cannabis use, even for medical purposes, poses a safety risk, the employer may have grounds for action.
• Potential for accommodation: In some circumstances, an employer could be sympathetic and make changes to your role to enable you to keep working. For example, they might reassign you from driving or operating equipment to working in a lower-risk area.

While using prescribed medical cannabis shouldn’t automatically lead to termination, there are scenarios where it could affect your employment:

• If your job involves safety-sensitive tasks that you can’t perform while using cannabis
• If your use leads to impairment at work
• If you fail to disclose your use as required by workplace policies

As a medical cannabis user, it is up to you to inform your employer about your prescription if required, discuss potential accommodation, an ensure your use doesn’t impair your work performance or safety.

Employers should also consider reasonable accommodations for medical cannabis users such as reassignment to less safety-sensitive roles, adjustments to work schedules, or modified testing protocols.

Given the complexity of this issue, it’s advisable for medical cannabis users to discuss their situation with their employer and, if necessary, seek legal advice to understand their rights and responsibilities fully.

Seeking support

If you face employment issues due to medical cannabis use:

• Consult with your prescribing doctor about managing your use and work responsibilities, this can include getting a letter of support from the Cannabis Clinic to endorse your safe usage of medicinal cannabis.
• Speak with your union representative, if applicable.
• Consider seeking legal advice if you believe you’ve been unfairly treated.

Remember, while medical cannabis is legal, employers still have the right to maintain a safe workplace. Open communication and a focus on impairment rather than mere use can help navigate this complex issue.

What rights do I have as a medical cannabis user in the workplace?

As a medical cannabis user in New Zealand, you have certain rights in the workplace. 

1. Right to privacy: You have the right to keep your medical information private. However, in some cases, you may need to disclose your medical cannabis use to your employer, especially if it could affect workplace safety.
2. Right to non-discrimination: Employers cannot discriminate against you solely based on your status as a medical cannabis user. However, they can act if your cannabis use impacts your job performance or workplace safety.
3. Right to reasonable accommodation: Under New Zealand law, employers are required to make reasonable accommodations for employees with medical conditions. This could potentially include accommodations for medical cannabis use, such as:
   • Modified work schedules
   • Reassignment to different duties
   • Adjustments to workplace policies
4. Right to fair treatment: Workplace drug and alcohol policies should be applied fairly and consistently. They should focus on impairment and safety rather than punitive measures.
5. Right to engage in policy development: Employees and their representatives have the right to be involved in the development and review of workplace drug and alcohol policies.
6. Right to rehabilitation support: If your workplace has a drug and alcohol policy, it should ideally take a rehabilitative approach rather than a punitive one. You should be offered support and the opportunity to address any issues related to your cannabis use.
7. Right to refuse testing: You have the right to refuse a drug test. However, refusing a test that’s part of your employment agreement or workplace policy could have consequences, including potential disciplinary action.
8. Right to accurate testing: If you are tested, you have the right to accurate and up-to-date testing methods. Tests should focus on current impairment rather than past use.
9. Right to challenge results: If you believe a drug test result is inaccurate, you have the right to challenge it and request further testing.

Exercising your rights: To protect your rights as a medical cannabis user in the workplace:
Familiarise yourself with your workplace’s drug and alcohol policies
Communicate openly with your employer about your medical cannabis use
Discuss potential accommodations that could help you perform your job safely
If you feel your rights have been violated, consider seeking advice from a union representative or legal professional
Remember, while you have rights as a medical cannabis user, you also have responsibilities to ensure your use doesn’t impair your work performance or compromise workplace safety.

Drug testing for employment | Healthify

Drug and alcohol testing at work – NZCTU (union.org.nz)

WINZ and Cannabis Drug Testing: What You Need to Know

If you’re receiving a benefit from Work and Income New Zealand (WINZ) and are searching for employment, it’s important to understand the implications of drug testing, including for cannabis use.

Pre-employment Drug Testing

Many employers require pre-employment drug tests, especially in industries such as fishing, horticulture, transport, and forestry. If you have work obligations as part of your benefit, you may be required to take and pass these tests when applying for suitable jobs.

Types of Tests

There are two main types of drug tests:

1. Screening test: 98% accurate, results available in about 5 minutes
2. Evidential test: 99.9% accurate, laboratory analysis required

Most employers use the screening test, which is usually sufficient for their needs.

Consequences of Failed Tests

If you fail a drug test:

1. First failure: You must agree to stop using drugs to pass future tests.
2. Second failure: You have 25 working days to pass another test at your own expense.
3. Third failure (or failing to pass within 25 days): Your benefit may be reduced or stopped for 13 weeks.

Costs

If you fail a test, you’ll need to repay WINZ for the cost. This will be deducted from your benefit in weekly instalments.

Exemptions

You won’t be sent for drug-tested jobs if you’re:

• Dependent on drugs
• Undergoing or waiting for drug treatment
• Taking prescription medication that could cause a failed test

Important Note

Always inform WINZ if you think you may not pass a drug test. Open communication can help avoid complications with your benefit and job search process.

This information is specific to WINZ beneficiaries. If you’re using medicinal cannabis prescribed by a doctor, it’s important to discuss your situation with WINZ and potential employers.

Drug testing – Work and Income

Driving and Cannabis Use

Quick Overview of Medicinal Cannabis and Driving

• It is against the law to drive while impaired by taking any impairing substance (including prescription medicines and over the counter and pharmacist-only medicines). 
• Recent changes to the legislation include new lower limits for infringements, and tougher penalties for drivers found to be driving while impaired.
• As part of the new legislation, police can conduct random roadside drug testing and use oral fluid testing kits to determine if someone is impaired by drugs (including THC) while driving. The ‘tolerance level’ in the new legislation is set at 1ng for THC and the ‘high risk level’ is set at 3ng. 

A Timeline of Drug Testing & Driving in New Zealand:

March 2022: Passage of the Land Transport (Drug Driving) Amendment Legislation

• The New Zealand Parliament passed the Land Transport (Drug Driving) Amendment Legislation, introducing new measures to address drug-impaired driving.

11 March 2023: Implementation of the Land Transport (Drug Driving) Amendment Act. 

The Act came into force, amending the Land Transport Act 1998 with several key changes:

• New Offences and Penalties: Criminal offences for drivers with high levels of impairing drugs, infringement offences for drivers with lower levels of impairing drugs, combination offences for multiple drug types or drugs and alcohol
• Tiered Penalty System: Different offence and penalty levels based on the risk posed by each offence.
• Medical Defence: Introduction of a medical defence for drivers issued infringement notices when taking prescribed medication as directed

March 2023: Delay on Roadside Oral Fluid Testing

• Despite the legislation allowing for roadside oral fluid testing, implementation was delayed.

Reasons for delay: 

The planned new implementation of roadside drug testing using saliva test kits encountered a significant hurdle. The required saliva testing devices, integral to the execution of the new provisions outlined in the new legislation, were unexpectedly unavailable.

As a result, the full implementation of random roadside saliva tests has been postponed until the necessary devices can be procured and distributed to law enforcement agencies across the country.

This differs from the Australian model, which uses oral fluid testing as a screening tool followed by evidential blood or saliva tests

May 2024: Announcement of New Roadside Drug Testing Legislation

• Transport Minister Simeon Brown announced plans to introduce new legislation for roadside drug testing.
• Key points of the proposed legislation: 
  • To be introduced to Parliament by mid-2024, aimed at passage by the end of 2024
  • Will allow police to conduct random roadside drug screening using oral fluid testing devices.
    Target set for 50,000 oral fluid tests annually

Drug driving testing | Ministry of Transport

New legislation to implement roadside drug testing | NZ Lawyer (thelawyermag.com)

Legislation in Parliament for roadside drug testing | News Sept 2024 (employers.co.nz)

Navigating the Road Ahead: Explaining New Zealand’s Proposed Changes to Drug Driving Tests

New Zealand stands at a crossroads in its approach to drug-impaired driving.

Understanding the Legislative Process

Before delving into the specifics, it’s important to understand the difference between a bill and a law (also called an act). A bill is a proposed piece of legislation that is under consideration by Parliament. It’s essentially a draft of a law that hasn’t yet been approved. Once a bill is passed by Parliament and receives Royal Assent, it becomes a law or an act. This transformation from bill to law is crucial to remember as we discuss the current situation and proposed changes.

The Current Landscape

In 2022, New Zealand introduced the Land Transport (Drug Driving) Amendment Act with the intention of implementing roadside drug testing. This act is currently the law, but it has hit a significant snag: the technology required to accurately detect drug-related impairment at the roadside simply doesn’t exist. This gap between law and technological capability has left the current system in limbo, unable to effectively achieve its goals.

Proposed Changes: A New Bill

To address these shortcomings, lawmakers have proposed a new bill that would fundamentally alter the drug testing process for drivers. It’s important to note that as a bill, these changes are not yet law – they are still under consideration and may be modified before potentially becoming an act.

The proposed system introduces a two-stage testing approach.

1. The first stage would involve a roadside Oral Fluid Test (saliva). This initial screening would not attempt to measure impairment, but rather check for the mere presence of drugs in a driver’s system.
2. If this initial test yields a positive result, the process would move to a second stage: a more thorough laboratory test. Again, this test would focus on detecting the presence of drugs rather than determining levels of impairment. This approach represents a significant shift from the original intent of the 2022 Act, which aimed to identify drivers whose abilities were actually impaired by drug use.

Weighing the Implications

These proposed changes have sparked intense debate among policymakers, civil liberties advocates, and the medical community. One of the primary concerns is that neither the roadside nor the laboratory test can actually prove that a driver’s ability is impaired. They merely indicate the presence of drugs in a person’s system, which may or may not affect their driving ability.

This limitation raises important questions about fairness and effectiveness. For instance, how might this system impact patients using prescribed medical cannabis? Could individuals be penalised for having traces of drugs in their system, even if they’re not actively impaired?

Privacy advocates have also voiced concerns. Under the proposed changes, police would have the authority to conduct these tests without reasonable suspicion of wrongdoing. This broad power has led some to argue that the new approach represents an unwarranted intrusion on personal liberty.

Furthermore, there’s a notable contrast between this approach and the more established methods of testing for alcohol-impaired driving. Breathalysers for alcohol not only detect the presence of alcohol but also measure its concentration in a way that correlates with impairment. The same cannot be said for the proposed drug tests, highlighting the scientific challenges in this area.

Looking Ahead

As New Zealand grapples with these complex issues, it’s clear that there are no easy answers. The debate surrounding this bill underscores the challenge of balancing public safety with individual rights in an era of rapidly evolving technology and changing social norms.

While supporters of the bill argue that any step towards addressing drug-impaired driving is a move in the right direction, critics contend that a flawed system could do more harm than good, potentially criminalising individuals who pose no real threat on the roads.

As this legislation continues to evolve, it’s for us to stay informed and engaged in the conversation. Remember, as a bill, these proposed changes are still open to modification based on public feedback and parliamentary debate. The decisions made today will shape not only our roads but also our broader approach to balancing safety, justice, and personal freedom in the years to come.

Potential Risks of Driving Whilst Taking Medicinal Cannabis 

Cognitive and Motor Skills Impairment – Medicinal cannabis could affect cognitive and motor skills, such as reaction time, decision-making, and coordination. These impairments may increase the risk of accidents while driving. 

Legal Consequences – Under the proposed bill, being caught positive for THC would mean a mandatory 12-hour standdown from driving. Those who are prescribed Medicinal Cannabis and using it as per their doctor’s instructions, should be able to access a medical defence, so avoid the associated fines and demerit points. 

Can I drive if I am using medical cannabis?

As a patient using medicinal cannabis in New Zealand, it’s important to understand the implications of recent changes to roadside drug testing laws; this is a topic to keep your eye on.

New Roadside Drug Testing Laws

The Land Transport (Drug Driving) Amendment Act 2022 introduced new measures for roadside drug testing, including screening for THC, the psychoactive component in cannabis (Land Transport (Drug Driving) Amendment Act, 2022). These tests primarily focus on detecting THC in saliva (Brown, 2024).

Proposed/potential Testing Process

If a driver fails two roadside screening tests, they face a 12-hour driving stand-down. The process is as follows:

• Initial roadside screening test
• If positive, a second screening test is conducted
• If both tests are positive, a 12-hour driving stand-down is imposed
  The saliva sample is sent for laboratory confirmation
• A positive laboratory result may lead to an infringement notice and demerit points

Detection vs Impairment

While the laws aim to detect impairment, it’s important to note that THC can potentially be detected in saliva for up to 12 hours after use, even if the impairing effects have passed (Healthline, n.d.). This raises concerns about distinguishing between current impairment and past use.

Guidelines for Medical Cannabis Users

Understanding how different types of medical cannabis products may affect your driving is essential:

CBD Use: 

CBD isolate has shown no effects on driving, even at very high doses (Smith, 2022).

Full-spectrum CBD products contain very low amounts of THC and are unlikely to result in a positive test, especially if you rinse your mouth after use.

THC Use: 

Wait at least 6 hours after inhaling THC medications before driving.
For ingested THC medications, wait at least 10 hours before driving.
Allow more time if you’ve also consumed alcohol or other potentially impairing substances.

Reducing Residual THC in Saliva: 

After taking your medication, eat, drink, or rinse your mouth to decrease any residual THC in your oral cavity.

Medical Defence: 

If you’re following your prescription instructions and allowing sufficient time after use before driving, you may have a medical defence under Section 64 of the amended Land Transport Act 1998.

Ongoing Considerations and Uncertainties

The full implications of the new testing regime are still unclear. Several key questions remain:

• Who will be tested and how? The criteria for selecting drivers for testing are not yet fully defined but the intention is for them to be random.
• Test sensitivity and availability: The type, availability, and sensitivity of the saliva screening tests and confirmation tests are still under consideration.
• Defining and assessing impairment: It’s unclear how the law will define and assess impairment, and whether this will be considered separately from the presence of THC.
• Implementation of medical defence: The exact process for implementing the medical defence for prescribed cannabis users is yet to be determined.

Advocacy and Future Developments

As medical cannabis patients, it’s important to stay informed about these evolving regulations. Cannabis Clinic NZ made a submission to the Select

Commitee reviewing the coalition governments amended bill, to advocate for laws that don’t unfairly penalise patients using their prescribed cannabis medications responsibly.

We will continue to monitor the situation and provide updates as more information becomes available. It’s crucial to remember that these laws are designed to enhance road safety for all users, including medical cannabis patients.

Recommendations for Patients

Follow your prescription: Always use your medical cannabis as prescribed by your doctor.

• Plan ahead: If you need to drive, plan your medication use accordingly, allowing sufficient time between use and driving.
• Stay informed: Keep up to date with the latest developments in drug driving laws and how they may affect you.
• Consult your doctor: If you have concerns about how your medication might affect your driving, discuss this with your healthcare provider.
• Prioritise safety: Always err on the side of caution. If you’re unsure whether it’s safe for you to drive, consider alternative transportation options.

Remember, as a medical cannabis patient, you have a responsibility to both manage your health condition effectively and ensure the safety of yourself and others on the road.

Book an initial consultation and get started on your next chapter today!

Already a medicinal cannabis patient?

Do you have concerns about drug testing or documentation to prove legal use? Then, book a follow up with your Cannabis Clinic doctor today, and we’ll have your “t’s” crossed and “i’s” dotted in no time.

Book a follow-up with your doctor. We’re always happy to help!

Disclaimer – medicinal cannabis and CBD oil are unapproved medicines in NZ which means that there is no conclusive evidence for their effect, apart from Sativex. Many doctors do not routinely prescribe cannabis medicines. The above article was written for general educational purposes and does not intend to suggest that medicinal cannabis can be used to treat any health condition. Please consult with your healthcare provider.