“I can drive while high. After all, smoking pot is legal in Canada”.
Do you actually believe that? If so, then you misunderstand Canada’s new impaired driving laws. Although recreational cannabis was partially legalized in Canada on October 17th, 2018, it is illegal to drive under the influence of cannabis over the legal limit or while impaired by it. When the government made it legal to buy and consume pot recreationally, it also passed a number of rules around impaired driving to mitigate the risks of driving when high. If you are under the impression that it is okay to get behind the wheel after smoking up, then it is time to learn about the new laws. Harpreet Saini, a criminal defence lawyer in Brampton, sheds some light on this matter. Have a look.
When Can You Be Charged with Impaired Driving?
New legislation within the Impaired Driving Act has introduced three new offences for driving under the influence of drugs. Similar to Blood Alcohol Concentration (BAC) in regard to alcohol impairment, there are legal limits for blood delta-9-tetrahydrocannabinol (THC) levels as well. The offences are:
| Offence | Blood THC Level |
| Driving under the influence of cannabis | 2 nanogram (ng) or more but fewer than 5 ng of THC per 1 ml of blood |
| Driving under the influence of cannabis | 5 ng or more of THC per 1 ml of blood |
| Driving under the influence of cannabis combined with alcohol | 50 milligram (mg) of alcohol per 100 ml blood and 2.5 ng or more of THC per 1ml of blood |
If you are found committing any of the above-mentioned offences, you will be charged with impaired driving by drug.
What Are the Federal Penalties for Driving High?
| Blood THC Level | Minimum Penalty | Maximum Penalty |
| 2 to 5 ng | none | $1,000 fine |
| 5 ng or more (first offence) | $1,000 fine | 5 years in prison |
| 5 ng or more (second offence) | 30 days in prison | 5 years in prison |
| 5 ng or more (third offence) | 120 days in prison | 5 years in prison |
| Causing harm | 120 days in prison | 10 years in prison |
| Causing death | 120 days in prison | Life in prison |
In Ontario, there are additional penalties for individuals driving while or after consuming cannabis. The province applies penalties even if you are not over the legal limit of cannabis in your blood. The punishments range from a licence suspension and ignition interlock (essentially a car breathalyzer) to enrolment into a treatment program and a mandatory medical exam when you are caught on the road. However, if you are convicted of driving with more than 5 ng of THC per ml of blood, you can face a lifetime licence suspension, especially if don’t have a criminal defence lawyer to represent you.
| DID YOU KNOW? |
| It is illegal to drive when impaired by marijuana regardless of whether the driver is authorized to use it for medical purposes. If the driver uses medical cannabis, it is their responsibility to use it sensibly. |
How Long Should You Wait to Drive?
There is no definitive evidence for the safe amount of time to wait before you drive after consuming cannabis. Impairment levels and effects vary across individuals and depend on several other factors, including:
- Individual metabolization of THC
- THC levels in the consumed cannabis product
- The method of consumption (smoked, ingested, topical, etc.)
- Time since consumption
- Frequency of use or use patterns
Simply put, your best bet is to not drive after consuming cannabis in any form or quantity. It will not only put your life at risk but also hamper other’s safety. Plus, you can be charged with a DUI offence.
Because the legalization of cannabis in Canada is relatively new, there are a number of things to understand and consider about its real-time effects. It is best to act responsibly and avoid driving under the influence of marijuana because the impact of different cannabis products, strains and consumption methods vary from person to person. It is not worth taking the risk. Feel free to use marijuana both recreationally and medicinally but not before or while driving. Stay safe!