Michigan NORML Position Paper

Opposition to Saliva Testing for Drugged Driving

House Bills 4390 and 4391

Date: June 20th, 2025

 

To: All Members of the Michigan State Senate and House of Representatives

 

From: Michigan Chapter, National Organization for the Reform of Marijuana Laws (Michigan NORML)

Re: Opposition to Pending Legislation Mandating Roadside Saliva Testing

 

Summary

Michigan NORML urges the Michigan Legislature to oppose any bill mandating the use of saliva-based drug testing during roadside traffic stops. These proposals—though often well-intentioned—are scientifically flawed, constitutionally questionable, and would result in unjust arrests and prosecutions, particularly for law-abiding cannabis patients and adult-use consumers.

 

Background

Roadside oral fluid (saliva) testing has been promoted as a tool for detecting recent drug use by drivers. However, saliva testing does not measure impairment, only the presence of trace metabolites or active compounds. This distinction is crucial. In the case of THC, the primary psychoactive ingredient in cannabis, presence in saliva does not correlate with intoxication or actual driving impairment.

 

Several pilot programs in Michigan and other states have shown serious concerns:

 

• Inconclusive results and false positivesInadequate correlation between test results and actual impairment

• Legal challenges based on Fourth and Fifth Amendment violations

• Disproportionate impact on medical marijuana patients and Black and Brown driversTHC can be detected long after the effects have worn off

• Saliva concentration levels vary wildly between users

• Use of legal cannabis products—both medical and adult-use—can result in positive tests days after consumption

• Unreasonable search and seizure under the Fourth AmendmentCompelled self-incrimination under the Fifth Amendment

• The use of unreliable science undermines the principle of due process

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Michigan voters have clearly spoken—in 2008 with the Medical Marijuana Act, and again in 2018 with the Regulation and Taxation of Marijuana Act. Saliva testing legislation would effectively criminalize the mere presence of THC in the bodies of medical patients who are using cannabis under a doctor’s supervision, not while impaired.

 

This creates a two-tiered system of justice, where patients and adult-use consumers are at constant risk of unjustified arrest and prosecution, even when sober.

 

Better Alternatives

If the Legislature seeks to reduce drug-impaired driving, Michigan NORML supports:

 

• Increased use of Drug Recognition Experts (DREs) who observe actual impairment

• Investment in field sobriety testing that reflects observable driver behavior

• Public education campaigns about safe consumption practices

• Support for research into scientifically valid impairment tests

 

Conclusion

The use of roadside saliva tests is scientifically unsound, constitutionally risky, and socially unjust. Michigan NORML calls on all lawmakers to reject these flawed proposals and instead support evidence-based policies that protect both public safety and civil liberties.

 

We urge the Michigan Legislature to vote NO on any bill that would authorize roadside saliva testing for cannabis.

 

 

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