The use of cannabis has become more open in Canada in recent years, resulting in more recreational and medical usage. When you get behind the wheel with the effects of cannabis in your system, it’s considered impaired driving in Ontario.
How Does Cannabis Affect Driving Abilities?
Using cannabis is known to alter perceptions, an effect that varies depending on dosage and tolerance.
Studies have shown that, when driving, marijuana causes increased feelings of sleepiness and reduced focus. As it relates to driving abilities, this translates to a slower reaction time, impaired judgment of distance, and decreased coordination – all of which are essential when you are behind the wheel.
The Risks of Drug-Impaired Driving
Drug-impaired driving increases the risk of a motor vehicle accident and a fatality. In some studies, the risk is increased by up to eight times due to the intoxicating effects of drugs. When you drive impaired, this puts you and your passengers at risk as well as other drivers.
If there are no serious injuries in a crash, you can still see license suspensions, fines, and possible jail time.
Even though some think differently, cannabis is considered under the law as an impaired substance, no different from alcohol, prescription medications, or illegal drugs. If it’s found in your blood, you’re considered a dangerous driver. Unfortunately, many young people do not realize this and treat cannabis as having no impact on their driving. The evidence, however, shows a clear impairment of abilities.
How Cannabis and Driving Affects Your Insurance
If you end up causing a collision or motor vehicle accident while driving illegally under the influence of cannabis, you may not be eligible for certain insurance benefits. Any loss or damage caused by a driver’s inability to maintain control of their vehicle because of being under the influence of intoxicating substances may be denied coverage.
Unfortunately, you do not need to have been convicted of a crime for an insurer to invalidate coverage in Canada.
The after-effects of this can also be an insurer driving up the cost of a policy or refusing to issue a policy if you are convicted of driving under the influence.
According to MADD Canada, an impaired driving conviction can drive up an insurance premium by over $8,000 annually, making it extremely expensive and unaffordable for the vast majority of Ontario residents.
How Long Should You Wait Before Driving After Consuming Cannabis?
Impairment from cannabis can last up to six hours as a general rule but it does vary depending on several factors. If you’re a new or infrequent user, it may be longer. If cannabis is consumed with alcohol, this will also extend how long cannabis impairs someone, lasting up to twelve hours and sometimes longer.
The amount of cannabis consumed also matters as it relates to how long you should wait before driving and impairment. If you smoked marijuana containing less than 35 mg of THC, the effects are likely to be restricted to six hours. If you have smoked more than 35 mg of THC, you will want to wait longer. Alternatively, if you consumed cannabis as an edible or in a beverage containing less than 18 mg of THC, you will want to wait at least eight hours prior to driving.
The risk here, however, is you simply do not know when the effects of cannabis would have fully worn off.
Is It Illegal to Drive After Consuming Cannabis?
Driving a motor vehicle while under the influence of cannabis is illegal in Canada. You should never consume cannabis and immediately get behind the wheel. This is because the consumption of cannabis affects a driver’s judgment, reaction time, and coordination.
Zero Tolerance
You are not permitted to have cannabis in your system whatsoever when you are behind the wheel if you are any of the following:
- A driver 21 years of age or under.
- Have a G1, G2, M1, or M2 license.
- Are driving a vehicle that requires an A-F driver’s license or Commercial Vehicle Operator’s Registration (CVOR).
- Are driving a road-building machine.
If you are found to have consumed cannabis and are one of these, you may have your license suspended and be issued a fine. A repeat offender can receive longer license suspensions and potential additional stipulations, such as a mandatory education and cannabis treatment program.
General Penalties
If it can be established by police that you were driving while impaired due to cannabis consumption, there are immediate penalties in addition to consequences you may face if convicted in court. The full extent of general penalties that may be issued to you vary according to your age, license type, amount of cannabis in your system, and if you have a prior criminal record. Federal drug-impaired driving laws have set the following general penalties:
- 2 ng of THC per ml of blood up to 5 ng: A fine of up to $1,000.
- More than 5 ng/ml of THC: A fine of $1,000 or higher and possible jail time.
- 50 mg/ml of alcohol per 100 ml of blood and 2.5 ng/ml of THC: A fine of $1,000 or higher and possible jail time.
A conviction of impaired driving will mean a 1-year license suspension.
If this is not your first offense and you are convicted, you may face extensive penalties. These include up to 10 years in prison if bodily harm was caused and a potential life sentence if you caused a fatal accident.
Roadside Tests
If police believe you were using cannabis while driving, they are permitted to request you to take a roadside standardized field sobriety test. They may also ask you to allow them to test your saliva for cannabis as well.
If you refuse roadside tests, you will then be charged with a criminal offense for failure to comply with a police demand.
Drug Evaluations at Police Stations
If there are reasonable grounds to believe you were driving under the influence, a drug recognition expert evaluation can be requested at the police station or a blood sample can be requested.
It is always best to comply with police requests such as these, even if you know you will not pass such a test. That said, you have the right to speak with a lawyer before agreeing to any drug evaluation expert tests at the police station.
If you are found to be impaired, you will then be charged with impaired driving.
Cannabis and Car Accident Statistics
There are positive and negative effects to cannabis use as it relates to driving. Here are some car accident statistics relating to cannabis that may be worth keeping in mind.
- Multiple studies show that states in the US with medical marijuana laws have experienced a 9-16% decline in traffic fatalities.
- Cannabis was found to be a factor in up to 14% of all fatal car crashes since 2013 in North America. This is three times higher than the percentage of fatal car crashes that relate to alcohol consumption.
How Do THC and CBD Affect Driving
The two main psychoactive components in cannabis are THC and CBD.
CBD is known to have anti-anxiety, anti-seizure, and pain-relieving properties. It may or may not have a direct or indirect impact on one’s driving.
THC is the psychoactive component of cannabis and studies on THC and driving performance are mixed. Some suggest a correlation between THC concentration in the blood and slower reaction times while other studies suggest a lack of evidence on whether cannabis affects one’s ability to stay within the same lane or maintain a constant speed.
Preventing Impaired Driving
Regardless of what the research says or does not say, driving while under the influence of cannabis has serious consequences. The risks are real and legal charges in Canada serious if you are found to have consumed cannabis prior to driving.
What to Do if You Want to Drive After Consuming Cannabis
If you found you are smoking marijuana – even if you are not a new user and do not feel impaired by cannabis – you’ve consumed a drug. Your ability to drive is impacted and even minor impairment is a risk.
- Instead of driving yourself home, pass the keys to a sober driver who can safely drive you to your destination.
- Call a cab or arrange for someone to come and pick you up to take you home.
Cannabis and driving do not mix. Help us reduce the risks of impaired driving and contact our legal team today if you have been involved in a motor vehicle accident relating to cannabis.
Contact Our Car Accident Lawyer
Impaired driving is the leading criminal cause of death and injury in Canada. For this reason, it’s key to understand your rights when you are facing criminal charges relating to cannabis and impairment. The same should be said if you are a victim of an incident involving a driver under the influence of cannabis.
If you have been caught in a car accident after using cannabis, protect your rights with a call to an experienced car accident lawyer at Joshua Goldberg Law.
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