Finnish Supreme Court Rules Against Penalizing Drivers for Past Cannabis Use

In a landmark decision, Finland's Supreme Court has ruled that drivers should not be automatically penalized for cannabis use if the consumption occurred days prior to driving. This ruling comes amidst ongoing discussions in Finland about the potential decriminalization of cannabis. Previously, drivers could face prosecution if traces of cannabis were detected in their system, even if the consumption did not impact their driving abilities

Cannabis use remains illegal in Finland, and drivers can still be prosecuted if they are found to be under the influence while driving. The presence of THC, the psychoactive component of cannabis, can be detected in the body for six to eight hours post-consumption. However, THC-COOH, a non-psychoactive metabolite, can remain in the body for several days or even weeks, leading to potential legal complications for drivers

Teemu Gunnar, a forensic toxicologist at Finland's National Institute for Health and Welfare, supports the court's decision, stating that it is rational not to penalize drivers for THC-COOH presence alone. He emphasized that since THC-COOH does not impair driving capabilities, its detection should not automatically result in a DUI charge. This perspective aligns with the Supreme Court's ruling that THC-COOH does not affect driving safety

The Supreme Court's ruling, initially made in 2016, overturned a lower court's conviction of a driver who had consumed cannabis before driving. The court highlighted that THC-COOH levels, even if high, do not impair driving ability or traffic safety. Following this decision, Finnish police and prosecutors have adjusted their practices, no longer pursuing charges based solely on THC-COOH presence if there is no evidence of impaired driving

Despite the court's ruling, Finnish law still allows for the prosecution of drivers if active substances or metabolites of drugs are detected in their system during or after driving. The Supreme Court has called for legislative changes to ensure that the law does not penalize drivers when their ability to operate a vehicle is not compromised

The broader debate on cannabis legalization in Finland continues, with calls from various political parties and public initiatives to rethink current drug policies. As the country navigates these discussions, the Supreme Court's decision marks a significant step in aligning legal practices with scientific understanding of cannabis metabolites. This decision may influence future legislative changes and shape Finland's approach to cannabis regulation