Recreational cannabis consumption was legalized in Canada In October 2018. It brought with it new laws and penalties surrounding driving under the influence.
This shift prompted the implementation of new screening and testing measures to detect impaired drivers. Educational campaigns were also started to emphasize the risks and consequences of driving while high.
With recreational cannabis now legal, many Canadians are understandably curious about the boundaries and legal limits of its consumption. As a leading impaired driving lawyer in Toronto, Harpreet Saini understands the importance of providing correct information and legal counsel in this matter. After all, it is important for drivers to understand the legal implications of driving while high, so they can exercise caution to ensure both compliance with the law and your safety.
In this post, we delve into the topic of driving while high in Ontario. We also provide valuable insights to ensure you can navigate the associated legal landscape and make informed decisions.
Let’s get started.
Marijuana Use and Driving Regulations in Ontario
This short guide has been prepared to help Ontarians learn more about the laws surrounding the consumption of marijuana and driving.
Is it considered safe for someone to drive while they are high?
There are two active ingredients in cannabis that affect the body. Cannabidiol (CBD) is reported to have healing and therapeutic effects. What creates the feeling of intoxication is tetrahydrocannabinol (THC).
Consuming marijuana causes one to feel relaxed and euphoric while experiencing heightened sensory input. However, you may also feel negative effects such as sleepiness, paranoia, forgetfulness, confusion, and a lack of concentration.
Can marijuana impair driving?
Yes, as it may alter your motor skills, inhibit concentration, and slow down your reaction times. This causes drivers to be unable to promptly respond to unexpected events and make quick decisions. This means the driver can be a danger to themselves and those around them.
However, the way that marijuana affects an individual depends on numerous factors, such as the strain of cannabis and the person’s experience with it. There is also evidence that regular marijuana users may be more tolerant to its impairment effects, but this does not mean they should risk driving. Doing so will only increase their risk of being involved in a motor vehicle accident. Moreover, the use of alcohol can increase the risk of harm, as cannabis magnifies the former’s effects.
What are the laws surrounding cannabis and driving in Canada?
After the legalization of cannabis for recreational use, provincial and federal laws were created to deal with:
- Who can sell, buy, and grow cannabis
- How it can be bought and sold
- Where it can be bought and sold
- Who can smoke and have cannabis
Rules related to cannabis and driving are very similar to those that govern consuming alcohol and driving. For instance, it is illegal to consume cannabis in a motor vehicle or a boat while driving or that is being driven. This also includes eating foods with cannabis (edibles) or smoking/vaping it.
Furthermore, law enforcement authorities can ask you to take a test if they suspect that you have consumed marijuana while doing any of the above. So, a police officer can demand you do a roadside standardized field sobriety test. This may include asking you to walk in a straight line or standing on one leg. This is one of the easiest ways to check whether a driver is impaired.
What are the laws for beginner, young, and commercial drivers?
The laws state that drivers are not allowed to have any cannabis in their body if they fall under the following circumstances:
- License Restriction: If the driver holds a G1, G2, M1, or M2 license, it is illegal for them to have cannabis in their system while driving. These license categories also include novice and new drivers, and the law ensures the new drivers are not driving while impaired by cannabis.
- Age Restriction: Drivers who are 21 or younger are strictly prohibited from having any cannabis in their system while driving. This regulation aims to prioritize their safety, as young drivers are more susceptible to the impairing effects of cannabis.
- Road-Building Machinery: For drivers operating a motor vehicle used for building roads, it is unlawful to have cannabis in their systems. This restriction is to prevent impaired operation of heavy machinery and maintain safety in the construction zone.
- Specialized Vehicles: If the vehicle being driven requires a Commercial Vehicle Operator’s registration or an A-F driver’s license, it is prohibited to have cannabis in your system. This regulation also extends to vehicles such as buses, large trucks, and other specialized vehicles that require specialized licensing.
Is it illegal to drive while high?
It is considered a criminal offence to drive a vehicle while under the influence of cannabis. In Canada, the driving laws have been in place for years but were updated in June 2018 with the passing of Bill C-46. This bill introduced new federal laws and penalties to the Criminal Code of Canada that address impaired driving. Under Bill C46, the federal laws for driving under the influence of cannabis are as follows:
- If the driver’s blood contains between 2 and 5 nanograms of THC per millilitre within two hours of driving, they are subject to a summary conviction criminal offence. Plus, the driver must pay a fine of $1,000.
- If the driver’s blood contains more than 5 nanograms of THC per millilitre within two hours of driving, it could lead to an indictable or summary offence. Punishment may include a fine of $1,000 to a maximum of 10 years of jail time for repeat offenders.
- If law enforcement authorities detect both THC and alcohol in the driver’s system, this is a hybrid offence that may be treated as either a summary or indictable offence. Punishment includes a $1,000 fine and a maximum of 10 years in prison for repeat offenders.
It is important for drivers to note that a DUI (driving under the influence) with THC in your blood can have significant consequences. When facing such a charge, it is in your best interests to contact an impaired driving lawyer in Toronto for the best legal representation. They will fight to ensure your rights are protected and will work to get the best possible outcome. A skilled lawyer will also strategize a defence that can lead to reduced or withdrawn charges, mitigated penalties, acquittal, dismissal, or other favourable results.
To know the facts about cannabis legalization, here is an important resource to prevent the spread of misleading information.
Understanding the legal implications of impaired driving while under the influence of cannabis is important to ensure both personal safety and legal compliance. Operating a motor vehicle while high carries severe consequences. With the legalization of recreational marijuana use in Canada, people should know the potential risks and consequences related to impaired driving. An experienced impaired driving lawyer in Toronto can provide the necessary counsel and expertise to protect your rights and navigate the legal process. They will work diligently to develop a strategic defense tailored to your case, aiming for reduced charges, mitigated penalties, or other favorable outcomes. Don’t hesitate to consult an impaired driving lawyer in Toronto like Harpreet Saini if you are facing charges related to driving while impaired by cannabis.