There are concerns people who use stimulant medication might be impacted. Photo / Getty Images
There are concerns people who use stimulant medication might be impacted. Photo / Getty Images
There are concerns people on some ADHD medications may test positive for drug use because of a "discriminatory" new driving law.
The Land Transport (Drug Driving) Amendment Bill, which passed it's final reading earlier this year, gives police the power to conduct random oral fluid drug testing at the roadside.
Similar testing overseas has led to some people on stimulant medication, generally used to treat Narcolepsy and Attention Deficit Hyperactivity Disorder (ADHD), being charged with drug driving due to their prescription use.
National Road Policing Centre director Superintendent Steve Greally told the Herald when the law comes into effect in March next year people would be able to provide a "medical defence" if their results come back positive for certain substances.
However, ADHD New Zealand chair Darrin Bull said having to "prove" your medication use was discriminatory and unfair to those within the ADHD community.
"Given the problems that they can have throughout their lives with ADHD, this is just another barrier to their success.
"This is a community that is constantly beaten up."
He believes there should have been consultation with the ADHD community when the bill was going through Parliament. Bull said he reached out to police recently regarding the situation but is yet to receive a reply.
Many questions remain for him, including how certain parts of testing will work and whether people with ADHD will have to carry a letter with them when they drive.
"Also it's a barrier for people with ADHD from other countries who travel to New Zealand. All of a sudden they have to make sure they have the right certification just in case something happens."
Across the ditch boxer Lauryn Eagle was caught out several years ago for her use of Desoxyn, a drug reportedly prescribed to her in the US to treat ADHD.
Australian media reported Eagle received a drug conviction after she was pulled over and subsequently failed a random drug check.
The conviction was later quashed.
Bull said he would welcome the opportunity to work with police in Aotearoa and told the Herald there would be a solution that didn't alienate a community.
There are a range of treatments available for ADHD, including behavioural therapy, however many people with ADHD use medication like methylphenidate (Concerta, Ritalin, Rubifen), Dexamphetamine (Dexedrine) or Atomoxetine (Strattera).
Research has shown that stimulant medication, like Methylphenidate, improves driving performance for adults and teenagers with ADHD.
Green Party drug reform spokeswoman Chlöe Swarbrick said driving impaired by drugs, including alcohol was a problem - but it was unclear whether this Bill would in deter people or work effectively in practice.
"At Select Committee a number of expert groups expressed concerns about the ability to link certain levels of drugs (in oral fluid or blood) with impaired driving. There was also a concern the enforcement of this Bill would disproportionately impact Māori and Pasifika."
Swarbrick, who has previously shared her ADHD diagnosis journey, said there were references in the Act to a defence for taking prescribed medication but there is uncertainty over how the regime will function in practice.
"The Act requires expert advice to try and set the levels of drug in oral fluid/blood to be higher than the maximum dose of prescription medicine that is generally prescribed, but as we've seen in instances overseas, this is not foolproof.
"It also risks capturing people who are no longer under the influence but have substances registering still in their system."
The Green party opposed the bill in it's final reading, however Swarbrick said they worked to secure a legal requirement to review it within three years of it coming into effect.
Greally did not provide a response to the Herald's question regarding whether people on stimulant medication would be inadvertently testing positive for drugs due to their prescription medication.
"The legislation provides for drivers, where the outcome of the oral fluid test indicates the presence of a specified drug, to present a medical defence. Police is working on the process to give effect to this defence."
He said under the new law police were able to detect the most prevalent illicit and prescription drugs.
"The law also establishes new criminal blood limits and infringement thresholds for specified drugs. These limits and infringement thresholds will determine whether a driver receives an infringement notice or is prosecuted for a criminal offence following an evidential blood test."
