Motorists could face ‘mandatory’ driving ban for road offences under tougher laws

Drug-driving over legal limit could land motorists in prison for a year with £10,000 fines

New stricter driving laws in Jersey could see drivers being banned from the road for being under the influence of drugs.

The reforms will give the police the power to conduct roadside drug tests and enforce limits for cannabis in a driver’s bloodstream using devices similar to breathalysers.

A positive result from roadside sweat or saliva testing kits could lead to an arrest and a blood test being taken at police headquarters.

Anyone convicted of driving with drugs over the legal limit could face up to 12 months in prison and £10,000 fines.

First-time offenders would be issued a 12-month driving ban and anyone who is caught repeating the offence within ten years could be disqualified from driving for three years.

Anyone convicted of driving with drugs over the legal limit could face up to 12 months in prison and £10,000 fines (Getty Images/iStockphoto)

Under current Jersey laws, there is no statutory limit for legal drug levels in blood for drivers, while police are not permitted to carry out roadside tests.

Andy Jehan, Jersey’s minister for infrastructure, said the changes are necessary to combat the rising problem of motorists being on drugs.

Under the new proposed laws, for the general public the cannabis limit will be five micrograms per litre of blood, which is more than double the current UK limit of two micrograms.

Mr Jehan explained that the new limit is higher to accommodate people who take medicinal cannabis for health reasons.

The five milligrams limit would apply to all whether cannabis had been prescribed or not, although drivers are not required to carry proof of a prescription under the new system.

However, driving instructors, drivers with HGV licences or public service vehicle permits would face a lower limit of two micrograms. Any driver over the legal alcohol limit would also face a two microgram cap on drugs in the bloodstream.

Andy Jehan said the changes are necessary to combat the rising problem of motorists being on drugs (Jersey States Assembly)

Jersey's Chief of Police, Robin Smith, told a scrutiny panel: "I am more concerned about [drugs] than I am about the alcohol because it is harder to detect”, as reported by GB News.

If the law is passed, the ministers could potentially add other controlled substances to the legal limits in the future.

Campaigners have criticised the proposed changes arguing that it could unfairly punish patients who consume legal medicinal cannabis.

Simon Harrison from End Cannabis Prohibition Jersey, told GB News: "There isn't a medical defence in the law for those taking medicinal cannabis and who may inadvertently go above the limit even though they are following prescription guidance, and this is accounted for in UK and Guernsey legislation, but hasn't been incorporated in Jersey legislation”.

The proposals were registered with the States Greffe and are due to be debated by the States Assembly from March 24.