Petition 20-2027 (Cannabis Threshold)

Describe the Issue

The cannabis threshold for testing industry participants is a touch too high. At only 5 nQ/ml, this can trigger a positive for someone who has smoked marijuana the night before, or even as far out as 72 hours if they are a regular user, but isn't still under the influence the next day. This means that someone can face the loss of income, and suspensions even if they were not intoxicated for their drives on that card. This can create damaging financial and mental consequences for these participants. As a result, this extremely low tolerance for cannabis usage (which relative to other compounds is much safer for the body) can lead participants to self-medicate using prescription pills or alcohol which are much easier to pass on our screening tests given their higher thresholds and quicker exit through the body but which are more damaging to the industry participants and their long-term health.

What specific problems or concerns are involved in this issue?

I think through our current testing thresholds, we inadvertently push drivers to self-medicate (for physical or mental reasons) with much more damaging alternatives, such as strong prescription pills or alcohol. These alternatives are easier to pass on screening tests due to their ability to exit the system quicker, and higher thresholds for testing. As a result, a legal and healthier compound is look at less favourably, even though it can provide the same therapeutic effects, because it is much easier to trigger a positive test and carries the same suspension risks.

I feel that this may cause longer, more harmful downstream impacts for our participants and their health.

Who does the issue affect?

Currently, this issue impacts standardbred drivers, but may also impact thoroughbred jockeys as well.

What existing HRA rules relate to this issue?

300g

What solution does this proposal provide?

I would propose slightly increasing the threshold for cannabis cited in rule 300g. Or alternatively, if someone presents at the level or above, that they be subjected to a field sobriety test to ensure they are not still impaired.

How will the solution fix the problem?

This would ensure that folks can still use cannabis as a therapeutic remedy the night before a race, but that as long as they are not impaired on race day at test time, they can proceed with their drives. By being a bit more forgiving in this aspect, this may result in less industry participants turning to more harmful substances.

How will the change affect any entities or stakeholders?

This would impact folks who are routinely tested for these types of substances.

What are the benefits of the proposed change?

I think this policy would put HRA more in line with how cannabis is viewed in the present, while also encouraging a slightly more healthy lifestyle for its participants who may need medical assistance giving the grueling nature of their jobs, but who now wouldn't be as tempted or encouraged to pursue more harmful alternatives.

What are the possible drawbacks of the proposed change?

There is a risk of someone perhaps having a higher level of cannabis in their system and being allowed to pass, but if an additional field sobriety test were to occur, this could help eliminate the risk of someone participating while intoxicated. Additionally, if there were any doubt, perhaps the person could be suspended for that evening, but face less additional consequences.

For those stakeholder groups that have expressed an opinion, please list the points on which they agree or disagree, and the arguments they have expressed.

I have spoken with a variety of standardbred drivers who support this initiative and agree that it could lead to healthier lifestyles outside of the racetrack for its participants.

Are there any affected stakeholder groups that have not been consulted on this proposal?

Other breeds have not been consulted.

Please show new language in a new paragraph below the current wording. If you are proposing that current rule language be eliminated, please indicate the text to be deleted with [DELETE: copy to be deleted in square brackets]

For 300g, I would suggest increasing the thresholds for cannabis from 5 and 4 in the chart, to 7 and 7, or 10 and 10 - although this is just a suggestion and could be subjected for review.