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BC company targets new cannabis breathalyzer at employers

Published on October 11, 2024 by Pat Bulmer

Photo: Contributed/cannabixtechnologies

A Burnaby company unveiled the latest edition of its cannabis breathalyzer at a conference this week in St. Louis.

Cannabix Technologies has been developing the product with Ohio-based Omega Laboratories.

The new version incorporates several new features “to meet market and emerging regulatory requirements,” Cannabix said in a news release prior to the event.

In particular, its breathalyzers are trying to detect delta-9 THC, the psychoactive component of marijuana.

“Breath testing for delta-9 THC would allow employers and law enforcement to identify recent marijuana use,” Cannabix says.

Omega scientists have developed a breath sample test that successfully detects, isolates and quantifies delta-9 THC, delta-8 THC, CBN and CBD, the news release said.

“In particular, Cannabix has upgraded its Breath Collection Unit –– handheld technology to include an ‘on demand’ periodic quality assurance check, a new startup self check and new ambient air sample collection procedure. The sample collection cartridge has been modified to be able to collect a single sample or dual sample consistent with federally regulated programs that require a simultaneous A, B sample collection.”

Dr. Bruce Goldberger from the University of Florida presented the company’s breathalyzer at the Society of Forensic Toxicologists conference, which began Oct. 10.

While Cannabix says its breathalyzers may be used by employers, workplace rules in Canada will make that a rare event.

“Technologies being developed by Cannabix will allow for more relevant THC detection from breath allowing employers to create an onsite regiment whereby they can perform pre-access and post-incident testing for recent use of marijuana,” Cannabix says on its website.

But OSG, a company that provides workplace health and safety training in Ontario, notes on its webpage Drug Testing at Work that companies generally cannot test workers for drugs.

“There are some circumstances in which drug testing is allowed, though they are rare and very specific,” OSG says, citing dangerous workplaces, reasonable suspicion of impairment, and when testing is part of a rehabilitation or return-to-work program.

Employment and Social Development Canada notes “Cannabis Act includes amendments to the Non-Smokers’ Health Act to prohibit the smoking and vaping of cannabis in workplaces.”

The government agency said testing is permitted in federally regulated workplaces in limited circumstances.

“Random testing of employees in safety-sensitive positions may be permissible in the following limited circumstances: where the employer is able to show that there is a demonstrated alcohol or drug abuse problem amongst employees in safety-sensitive positions in the workplace and testing is a proportionate response (in other words when potential safety benefits outweigh potential intrusion into employee privacy) and when the employer still meets its duty to accommodate employees who test positive.”

In an online Privacy Handbook, the BC Civil Liberties Association confirms drug testing is allowed in limited circumstances.

“As in all cases involving privacy rights, the privacy rights of the employee must be balanced against the needs of the employer to collect, use and disclose the personal information,” the BCCLA said in 2015.

“Random drug testing of the entire workforce is generally not permissible, but random breathalyser tests are permitted in safety-sensitive workplaces.

“In British Columbia and Alberta, in workplaces that are more safety-sensitive, the employer is permitted to institute a drug testing policy – including, in Alberta, pre-employment testing – without having to prove that a drug problem exists in the workplace.”

In the summer, Cannabix announced it was in discussions with Smartox of Irving, Texas, about a potential sales distribution deal for its breathalyzer.