2. I was stopped by the police the day after using cannabis. The effects had worn off and my ability to drive was no longer influenced, yet the drug test still indicated its presence. Would this be classified as driving under the influence of drugs?
Yes, under section 39K(1) of the Road Traffic Ordinance, driving with any concentration of cannabis (a specified illicit drug) in blood or urine constitutes an offence, even if the effects had worn off the next day and driving ability was unimpaired. Mere presence detected by a lab test triggers guilt unless one can meet the very limited statutory defences provided for under the Ordinance, with no defence based on lack of impairment, timing, or metabolism.



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