While recreational cannabis has been legal in Canada for over two years, there remains some confusion about the legality of driving under the influence of cannabis, or marijuana.
To be absolutely clear, just like drinking and driving; smoking and driving a vehicle under the influence of cannabis is illegal and dangerous.
Cannabis affects your driving ability, motor coordination and reaction time. According to Ontario police records, 74 people were killed in motor vehicle crashes by drivers under the influence of drugs in 2016.
The Difference Between THC and CBD in Marijuana
While it’s well known that drivers suspected of drunk driving are usually given a breathalyzer test, no such test exists to definitively say that someone who has consumed marijuana is unsafe to drive.
First, police only test for THC in your system, versus simply whether you have consumed cannabis. There are two main active compounds in marijuana: CBD (cannabidiol) and THC (tetrahydrocannabinol).
THC is the chemical component in marijuana that makes you “high”, and impairs your ability to drive safely. CBD is found in most medical marijuana and is responsible for many of the medical benefits credited to marijuana, including as a treatment for pain and symptoms of mental health issues.
It’s important to note that some medical marijuana contains THC. Just because you have the authorization to use medical marijuana does not mean you can’t be charged with impaired driving under the influence of THC.
How Police Test for THC Impairment
If police officers suspect a driver is impaired, they may use one of the following methods to confirm the impairment, if the impairment is due to drug use, and the level of THC in the driver’s system. If a driver fails any of these tests, they may face an immediate driving suspension and be charged with criminal impaired driving.
Standardized Field Sobriety Test
Much like the ones you see on TV, where drivers are asked by police officers to perform certain tasks at the roadside, standardized field sobriety tests can be used by police officers who suspect a driver may be impaired.
Drug Recognition Evaluation
If officers have good reason to suspect a driver is impaired, a drug recognition evaluation (DRE) may be performed at a police station. A DRE can determine if the impairment is due to drug use.
Approved Drug Screening Devices
Officers may also use an approved drug screening device (ADSD) to determine a driver’s level of impairment due to drug consumption. The ADSD analyzes a saliva sample from the driver and indicates if the driver has an illegal level of THC in their system.
Penalties for Smoking and Driving
Impaired driving charges and penalties are almost exactly the same, whether you are under the influence of drugs or alcohol.
Drivers who are found to be impaired can face both immediate penalties, including an immediate license suspension, at the roadside, and further penalties following conviction. Penalties can vary, depending on the driver’s age, the type of license, the level of impairment and a history of criminal convictions.
Zero Tolerance for Young, Novice and Commercial Drivers
All drivers aged 21 or younger, novice drivers of any age and commercial drivers are subject to “zero tolerance” rules in Ontario.
That means young and novice drivers may not operate a motor vehicle, and commercial drivers may not operate vehicles that require a CVOR (Commercial Vehicle Operator’s Registration), if there is any presence of alcohol, THC, or other drugs or medication that might impair their ability to operate the vehicle, in their system.
Immediate Penalties
If a driver’s blood alcohol content (BAC) is .05 or higher, if they fail a roadside sobriety test or contravene zero-tolerance rules, they may face the following immediate penalties.
Commercial driver’s BAC content is less .02 (which is zero tolerance obviously) – came into effect July 2019. Aside from suspension, 72 hours OOS (out of service) would apply.
First Offence
- 3-day licence suspension
- $250 fine
Second Offence (within 5 years)
- 7-day licence suspension (3-day suspension for commercial drivers)
- $350 fine
- Attend a mandatory education program (for a second occurrence within 10 years)
Third and Subsequent Offences (within 5 years)
- 30-day licence suspension (3-day suspension for commercial drivers)
- $450 fine
- Attend a mandatory treatment program (for a third and subsequent offence within 10 years)
- The requirement to use an ignition interlock device for six months or more (for a third and subsequent offence within 10 years)
- Undergo a mandatory medical evaluation to assess whether you meet the requirements for driving in Ontario (for a fourth and subsequent offence within 10 years)
Penalties for Impaired Driving Convictions
For Young & Novice Drivers
If young or novice drivers are convicted of breaking zero-tolerance laws, their driver’s licence will be suspended for an additional 30 days or more, and they will be fined an additional $60 to $500.
First Offence
- Licence suspension of at least 1 year
- Attend a mandatory education or treatment program
- Use an ignition interlock device for at least 1 year
- Undergo a mandatory medical evaluation to determine whether you meet the requirements for driving in Ontario
Second Offence (within 10 years)
- Licence suspension 3 years or more
- You must attend a mandatory education or treatment program
- Requirement to use an ignition interlock device for at least 3 years
- You will need to undergo a mandatory medical evaluation to assess whether you meet the requirements for driving in Ontario
Third or Subsequent Offences (within 10 years)
- Lifetime licence suspension
- Attend a mandatory education or treatment program
- Use an ignition interlock device for at least 6 years
- You will need to undergo a mandatory medical evaluation to assess whether you meet the requirements for driving in Ontario
All drivers, regardless of age or license type, may face additional penalties, including jail sentences, depending on the circumstance surrounding their charges and conviction of criminal impaired driving.
Clearly, the consequences of an impaired driving conviction are very serious. That’s why, from the moment you are charged, you need X-Copper’s winning team of qualified and specialized legal professionals, lawyers and former police officers, who specialize in defending against impaired driving charges, working on your side to fight for the best outcome possible.
