By Adam Morris
It was the flagship piece of legislation designed to force drug-drivers off Scotland’s roads and drastically enhance public safety.
However, the law to catch more motorists under the influence of banned substances risks becoming a victim of its own success as police further expand efforts to apprehend perpetrators.
When the changes were introduced in 2019, it was assumed officers would be unlikely to pull over more than 200 motorists a month, and many thought the majority would pass the roadside tests.
Instead, rates have consistently increased, and by the end of 2025/26 it is estimated there will have been 3,700 tests administered for the year, a 12 per cent rise on last year, and 50 per cent more than in 2022/23.
More astonishingly, officers estimate around 57 per cent of these will be positive, a rate which dwarfs drink-driving positive rates which range between five and eight per cent.
And while there is willingness from officers to carry out more tests, the infrastructure for processing those samples is already struggling to cope with existing demand.
Outsourcing the tests which cannot be accommodated at the forensics hub in south Edinburgh now costs police £500,000, the budget recently receiving an emergency cash injection.
The financial strain is such it is “diverting activity away from other areas of forensics services” and has given bosses pause for thought when it comes to recruitment budgets.
Scottish Police Authority report
Yet the failure to increase testing was laid out in frank terms at a recent meeting of the Scottish Police Authority, during which a presentation stated: “Since the introduction of the legislation, it has been determined that the prevalence of drug-driving on the roads of Scotland is far higher than estimated.
“Drug-driving is now more prevalent than drink-driving as a potential contributing factor to roadside fatalities and serious incidents. There are significant implications for the public and road users.”
The dire warnings continued; even if more tests are carried out there is a risk they will not be processed on time, meaning culprits – even those whose drug-taking caused death on the road – would escape justice.
“Without appropriate capacity to deliver the evidential testing following a positive roadside test there is a risk that cases will be unable to proceed to prosecution as testing will not be able to be completed within statutory time limits,” it said.
And despite the determination of some within Police Scotland to increase testing capacity, others tasked with finding the space pushed back.
The plans directly flew against the force’s controversial ‘estates masterplan’, which aims to reduce the number of buildings owned, and wants to shrink the property footprint, not expand it for testing purposes.
A report seen by 1919 reveals there was “a reluctance to engage with the project by Police Scotland Estates due to the significant resource implications” and that the expansion plans exposed “competing priorities”.
However, since then a tentative agreement has been reached, though a “replan” for extending testing is now required.
David Kennedy, general secretary of the Scottish Police Federation, said the need for proper resources goes beyond testing infrastructure.
“There will need to be enough police officers on the road to make this work,” he said.
“Otherwise drug-drivers will just think they can get away with it.
“We had enough officers and resources to tackle drink-driving and the culture has changed. It’s not currently the case with drug-driving.
“The number of people who are taking drugs and getting behind the wheel is incredible.”
“To truly keep our roads and communities safe, we need to ensure that roadside testing is accompanied by a system for referrals for treatment”
Kirsten Horsburgh, Scottish Drugs Forum
Last winter, a successful pilot scheme in Shetland persuaded Police Scotland it was worth ramping up testing.
Operation Seltern saw local officers trained up in administering the tests, a task that was previously the reserve of traffic cops.
It is hoped officers in all parts of Scotland will be equipped by the spring of 2027, at an additional cost of around £1.5 million a year.
It was reported earlier this year that tests may have to be sent to England for processing as capacity north of the border was so stretched.
And while the strengthened testing system has been welcomed across policing and political circles, some charities are concerned about the impact.
Kirsten Horsburgh, chief executive of Scottish Drugs Forum, said the organisation is worried about the reach of roadside drug testing, arguing the process can “detect trace levels of drugs long after any impairment has passed”.
“We understand that people are deeply concerned about drug-driving, and we recognise that Police Scotland wants to test drivers for drugs with the same immediacy as they can for alcohol,” she added.
“When enforcement focuses on presence and not risk, it can become a punitive process that upends lives without making our roads safer.
“To truly keep our roads and communities safe, we need to ensure that roadside testing is accompanied by a system for referrals for treatment, so that people who use drugs can access support quickly, compassionately, and without stigma.”