Canada’s DUI Laws For Cannabis – Know Your Facts
Cannabis Use and Driving: Zero Tolerance for New and Underage Drivers
Operating a vehicle under the influence of cannabis is illegal, especially for the young, novice, or commercial drivers. If any trace of cannabis is found in your system while driving, you will be subject to penalties. This zero-tolerance policy is in place to keep everyone on the road safe. Additionally, If you are caught with cannabis in your car that is open, not in its original packaging, easily accessible to anyone in the vehicle, or being transported across the U.S./Canadian border, you could be charged with possession or drug trafficking.
Penalties for Driving Under The Influence of Cannabis in Canada
Driving under the influence of marijuana and other drugs is now a criminal offence in Canada. The new law, Bill C-46, sets out strict penalties for anyone caught driving while high. Driving while impaired by any drug, including marijuana, can result in a fine, jail time, or both. If you are convicted of impaired driving causing death or bodily harm, you face up to life in prison.
Driving High Laws In Canada
Driving with 2 nanograms (ng) but less than 5 ng of THC per millilitre (ml) of blood
- A maximum fine of up to $1000
Driving with 5 ng or more of THC per ml of blood
- First offence – minimum $1000 fine
- Second offence – minimum of 30 days in jail
- Third and all subsequent offences – minimum of 120 days in jail, up to 10 years imprisonment
Driving with a combination of 50 milligrams (mg) of alcohol (or more) plus 2.5 ng or more of THC per 1 ml of blood
- First offence – minimum $1000 fine, maximum 10 years imprisonment
- Second offence – minimum of 30 days in jail, maximum 10 years imprisonment
- Third and all subsequent offences – minimum of 120 days in jail, maximum 10 years imprisonment
Other high driving penalties
- High driving not causing bodily harm – summary conviction of 18 months or an indictment of up to 5 years in jail
- High driving causing bodily harm – 10 years in jail
- High driving causing death – life in prison
Driving High Laws In Ontario
Penalties for driving high in Ontario are severe. In addition to federal fines, you may be subject to the following provincial penalties:
Roadside penalties for driving with 2-5 ng of THC per millilitre (ml) of blood
- First offence – 3-day licence suspension, $250-$550 fine
- Second offence – 7-day licence suspension, minimum $350 fine, education program
- Third and subsequent offences – 30-day licence suspension, minimum $450 fine, treatment program, 6-month ignition interlock, mandatory medical exam
Roadside penalties for driving with 5 ng or more of THC per ml of blood
- First offence – 90-day licence suspension, 7-day vehicle impoundment, $550 fine, license reinstatement fee.
- Second offence – 90-day licence suspension, 7-day vehicle impoundment, $550 fine, license reinstatement fee, mandatory education or treatment program
- Third and subsequent offences – 90-day licence suspension, 7-day vehicle impoundment, $550 fine, license reinstatement fee, mandatory education or treatment program, and 6-month ignition interlock when you get your licence back.
A conviction for driving with 5 ng or more of THC per ml of blood
- First offence – Minimum 1-year licence suspension, mandatory 1-year ignition interlock when you get your licence back, mandatory education or treatment program, mandatory medical evaluation.
- Second offence – Minimum 3-year licence suspension, mandatory 3-year ignition interlock when you get your licence back, mandatory education or treatment program, mandatory medical evaluation.
- Third and subsequent offences – 10 to lifetime licence suspension, mandatory 6-year ignition interlock when you get your licence back, mandatory education or treatment program, mandatory medical evaluation.
If you have DUI or DWI charges, your best action is to contact a qualified lawyer. Calvin Barry is an experienced criminal defence lawyer who serves Toronto and the surrounding areas. With his help, you can avoid a conviction and get the best possible outcome for your case.
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