S.L. 65.34 Art. 4Taking of blood specimen for cannabis testing.

(1) When a person, after taking the preliminary test, results positive for Delta-9-tetrahydrocannabinol (THC(cannabis)), he shall be arrested and required to provide a blood specimen in accordance with the procedure established in this regulation and in the standard operating procedures issued or approved by the Police.

(2) A blood specimen may be taken from a person arrested only if his consent is given.

(3) A Police officer who shall not be below the rank of a Sergeant, shall before requesting the person’s consent, inform the person about:

(a) the nature of the request and the reasons thereof;

(b) the consequences of giving his consent and of refusing consent as provided in sub-regulation (8); and

(c) the right to consult a lawyer or legal procurator before deciding whether to give his consent or otherwise.

(4) If the person is incapable of consenting to give a blood specimen, and such person was reasonably suspected to be involved in a serious traffic accident, a Police officer who shall not be below the rank of Inspector, shall request a Magistrate in writing, without undue delay, to authorise the taking and the analysis of a blood specimen:

Provided that the provisions of this sub-regulation shall also apply in case of oral fluids. mutatis mutandis

(5) The arrested person required to give a blood specimen shall be entitled to consult a lawyer or legal procurator before deciding whether to give his consent or otherwise.

(6) When the arrested person required to give a blood specimen, requests to consult a lawyer or legal procurator in accordance with sub-regulation (5), the Police shall record the fact, the date and time of the request and shall allow the person arrested to consult with a lawyer or legal procurator for such time as is appropriate in the circumstances, which time shall not exceed two (2) hours from the last occurrence that the said person was driving, attempting to drive or is in control of a motor vehicle or other vehicle on the road or other public place.

(7) When the person arrested has requested to consult a lawyer or legal procurator, his consent for the taking of a blood specimen may only be requested after such consultation has taken place.

(8) When the appropriate consent for the taking of a blood specimen from the person arrested was refused without a valid reason, in any proceedings against the person for an offence, the Court may draw such inferences from the refusal as appear appropriate and the refusal, on the basis of such inferences, may be treated as or as capable of amounting to corroboration of any evidence against the person in relation to whom the refusal is material.