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By LegalMatters Staff • Some people may believe they can drive after consuming cannabis or some other drug.
They are risking losing their licence and they could be fined or jailed. That is because the Criminal Code states that it is an offence to operate a “conveyance while the person’s ability … is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug.”
“Testing can be done within two hours after you have operated the vehicle, with charges possible if your blood drug concentration (BDC) equals to or exceeds the blood drug concentration for the drug that is prescribed by regulation,” says Ottawa criminal lawyer Céline Dostaler.
She notes the prohibited BDC levels are not found in the Code but are set by regulation, depending on what drug is consumed.
“When it comes to hard drugs such as LSD, ketamine, phencyclidine (PCSP), cocaine, psilocybin, psilocin and methamphetamines, any detectable amount in your blood could result in charges,” says Dostaler. “Just as police have breathalyzers to detect alcohol on a driver’s breath they are also equipped with approved drug screening equipment (ADSE) at the roadside”
While cannabis can be legally purchased in Ontario it is against the law to drive after using it, she says.
“There are no firm guidelines about how long a person has to wait after consumption to safely drive, as cannabis can impair each person differently,” Dostaler says, explaining the impairment depends on the quantity of cannabis consumed and its THC levels.
She says people with a prescription for medical marijuana may still face criminal charges if their ability to drive has been impaired.
“Penalties for driving under the influence depend on the type of drug and its concentration,” Dostaler says. “Other factors include whether it is your first or a repeated offence and whether you have caused bodily harm or death to another person.
