Until now, there has been no widely available test to tell if a person is under the influence of dagga. The urine test that is widely used can only indicate whether the person has taken dagga any time within the past month - not whether they are under the influence.
Taking dagga at any time in any form used to be illegal. Now you’re allowed to take dagga in the privacy of your home and law enforcement agencies as well as employers are finding new and more accurate ways of testing - similar to a breathalyser at a roadblock.
The limitations of urine testing have been especially clear at the Commission for Conciliation, Mediation and Arbitration (CCMA), where multiple cases have arisen from employees being fired after testing positive for cannabis - even though they may not have been under the influence at work.
Attorney Craig Harvey has specialised in cannabis cases over the past three years and is awaiting judgment from the CCMA for another client fighting dismissal following a urine test.