Police reduce drug‑test refusal window from 18 hours to 12 under new rules

The time allowed to determine a refusal to provide urine in drug cases has been reduced to 12 hours as of Tuesday.

The change was made through amendments to the rules governing controlled delivery operations, the ordering of urine samples, and the procedures for sending samples for analysis.

Until Tuesday, the 2012 rule remained in force. That rule stated that a suspect in a drug case is deemed to have refused urine if the sample is not provided within 18 hours.

However, the updated rule that came into effect on Tuesday shortens the refusal window to 12 hours.

The circumstances under which police may require a person to provide urine on suspicion of drug use have also been expanded from three to five. These include:

• Bringing a person into police custody on suspicion of using or possessing drugs  

• Possession of suspected drugs  

• A person confessing to having used or currently using a drug  

• Behaviour of a person arrested for an offence other than a drug case suggesting drug influence  

• Behaviour of a person questioned in relation to a criminal act indicating drug influence  

The rules also detail the procedures for urine collection and laboratory analysis.

Under the updated framework, the Commissioner of Police, or an officer designated by the Commissioner, may authorise a controlled delivery operation in drug cases.

The officer in charge must hold the rank of Chief Inspector of Police or higher.

A controlled delivery is an operation in which an authorised police or customs officer, or another designated person, transports a drug under the Narcotics Act as part of a police‑supervised operation.

The rules require that all activities of the operation be recorded and logged in writing, audio, or video. Any substitute substance used in the operation will be treated as a drug for procedural purposes.

The rules outline several additional operational requirements and safeguards.