What is the effect of smoking marijuana on the test for SFST?

British Columbia, Canada


The following excerpt is from Bandi v. Gustard, 2016 BCSC 920 (CanLII):

In Basi v. Saanich (City) Police Department, 2014 BCSC 593 a police officer was conducting a roadblock when the petitioner passed through. The police officer noticed a powerful odor of marijuana coming from the petitioner’s vehicle. The petitioner demonstrated slow delayed speech and very slow motor skills. When questioned, the petitioner admitted to smoking marijuana five hours previously. The police officer decided to conduct a SFST of the petitioner. During the test, the police officer observed that the petitioner had involuntary fluttering of his eyes, was continuously swaying back and forth and was unable to recognize when 30 seconds had passed.

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