Cannabis and Driving: What Impaired Driving Means for Cannabis Users in Canada

 

A Study on Cannabis Consumption

Various studies were recently released in the media inciting fear that the rising number of drug-impaired drivers will potentially make Canadian roads exceedingly dangerous. One such study by the Canadian Centre on Substance Use and Addiction asked 13,100 people if they recreationally used cannabis. About 12% of the population answered “Yes.” Many of these reported users—around 33%—are between the ages of 15 to 25. Furthermore, a survey by Statistics Canada reports that about one in seven cannabis users admitted to driving or having accepted a ride from a driver who had consumed the drug within the last two hours, revealing many Canadians relaxed posture toward cannabis-impaired driving. 

However, Canadian lawmakers have joined forces with local and provincial police departments to create a way to keep cannabis users on their toes. The Canadian Parliament will soon introduce a device to police departments for officers to test saliva samples of suspected cannabis-impaired drivers at the roadside. According to Canadian criminal lawyers and drug lawyers, this new device could unfairly penalize hundreds of thousands of licensed medical cannabis patients.

 

What Does Canadian Law Say About Drug-Impaired Driving?

Canadian law regarding drug-impaired driving is known for being strict and extensive, particularly following the implementation of Bill C-46. This legislation brought significant reforms, aiming to address both alcohol and drug impairment on the roads.

Key Changes Introduced by Bill C-46:

1. Blood Drug Concentration Offences:
   • The legislation introduced new criminal offences focused on blood drug concentration. Drivers found with concentrations at or above specified limits can face serious legal consequences.

 

1. Sampling Procedures:
   • Police officers now have the authority to request oral fluid samples or blood tests from drivers suspected of drug consumption. This measure helps in determining drug influence, including cannabis.

 

1. Random Alcohol Screening:
   • Officers are permitted to perform random roadside checks for alcohol without needing prior suspicion, a significant change from previous protocols.

 

1. Penalties:
   • Both minimum and maximum penalties for impaired driving offences have been increased. These penalties can range widely based on the severity of the impairment and any resulting harm.

 

Detection and Enforcement:

• Drug screening devices and Drug Recognition Experts (DREs):
  • Use of drug screening equipment, such as oral fluid testers, is supported by the employment of police Drug Recognition Experts. These experts are specially trained to assess drug impairment in drivers using systematic evaluations.

 

• If you are arrested for drug impaired driving, you will probably be transported to a police detachment and forced to undergo Drug Recognition Testing by a police officer who has been trained as a Drug Recognition Expert; (DRE). If the DRE concludes that your driving is impaired by a drug, a demand will be made for you to provide a sample of your urine or your blood to police. That sample will then be sent to a government lab for analysis. However, just because you may have a drug in your system, that does not necessarily mean that your ability to drive was impaired by that drug. In other words, and as with alcohol, there is a difference between consumption of a drug and impairment of one’s ability to drive by a drug.

 

• In Canada, and when it comes to drugs such as cocaine, methamphetamine, fentanyl, and heroin, if you are found to have any detectable amount of those drugs in your system when you have operated a motor vehicle, you have committed a criminal DUI offence even if the drug did not impair your ability to drive.

 

• Standard Field Sobriety Testing (SFST):
  • Officers utilize SFST as a part of their evaluation toolkit. This initial test involves physical tasks designed to indicate impairment, such as balance tests or eye movement checks.

 

Cannabis-Impaired Driving:

Since the legalization of cannabis, its influence on driving safety has been a prime concern. The law makes no exemption for drivers using cannabis, even if it is for medical purposes. This is in line with the broader strategy to tackle drug-impaired driving, emphasizing that safety on the road takes precedence.

Understanding Penalties:

The repercussions of drug-impaired driving can be severe. They include fines, suspension of driving privileges, and possible imprisonment. The intention behind such stringent measures is to deter drug-impaired driving and ensure public safety.

Canadian laws around this issue reflect an ongoing commitment to reducing road accidents and promoting safe driving habits. Importantly, these laws apply regardless of whether the drugs consumed are legal or prescribed, underscoring the focus on impairment as the key factor.

 

What Happens If You Are Charged with Driving Under the Influence of Alcohol or Drugs?

Many cases of alcohol or drug-impaired driving are defendable in court as it is not necessarily easy for the crown to prove that a person’s ability to operate a motor vehicle is impaired. At Kruse Law, our goal is to help people who are arrested for impaired driving to either win their case where the charges are defendable or obtain the best result possible. Our team is compassionate, professional, and knowledgeable in defending alcohol or drug-impaired DUI charges. We are committed to working hard on your case and doing whatever it takes to win your trial within the bounds of ethics and the rules of the Canadian court system. 

If you are facing impaired driving charges, contact us at +1-800-699-0806 for a no-cost consultation or visit us online and complete the consultation form. For information about our firm please, visit our home page, videos, and FAQs and learn more about how we can help you.