Legal limits and penalties for cannabis-impaired driving
The law sets out different categories of offences depending on the concentration of THC in a person’s blood. These categories are as follows:
A less serious “summary conviction” offence carrying a maximum fine of $1,000 and a criminal record for a THC blood concentration more than 2 and less than 5 nanograms (ng) of THC per milliliter (ml) of blood.
A more serious “indictable” offence carrying a maximum penalty of 10 years imprisonment for a THC blood concentration of 5 ng or more per ml of blood, or a combination of 2.5 ng of THC per ml of blood and .05 mg of alcohol in 100 ml of blood, and 3 categories of mandatory minimum sentence depending on how many times an individual is convicted of this offence, all of which result in a criminal record:
For a first offence, the mandatory minimum is a fine of $1,000.
For a second offence, the mandatory minimum is 30 days imprisonment.
For a third offence, the mandatory minimum is 120 days imprisonment.
Where a driver is found to have been impaired by cannabis causes injuries to another person, the maximum penalty increases to 14 years. If a driver is found to have been impaired by cannabis causes death another person, the maximum penalty is life in prison.
There are also a number of administrative penalties, like vehicle impoundment and temporary license suspensions that can apply before a case even goes to trial.
No exemption for medical users
One of the main criticisms of the new cannabis-impaired driving legislation is that the legal limits are so low that chronic medical users may always be above the limits, even if they go several days without consuming cannabis. This concern, of course, also applies to non-medical, recreational users. It is very difficult to gauge how long you should wait after smoking before driving, and the fact that you didn’t feel high is not a valid defence in law. There is also no exception for medical users, even if their ability to drive is not impaired by cannabis at all.
Therefore, there is little to be gained by arguing with police about the results of saliva or blood tests. It is best to remain polite, respectfully decline to answer any of the officer’s questions relating to cannabis consumption or your whereabouts prior to being pulled over, and wait to speak to a lawyer, which the police are required to let you do.
Fighting a cannabis-impaired driving charge
While the way in which cannabis affects a person’s ability to drive differs significantly from the way in which alcohol does, many of the same defences that can be raised in drinking and driving cases can also be raised cannabis-impaired driving cases.
Many of these are defences based on the Canadian Charter of Rights and Freedoms, which requires that police abide by strict rules and protocols in order to lawfully obtain blood samples from you. For instance, if police did not have a legally valid reason to pull you over and ask you to submit to cannabis testing, or if they refused or failed to let you speak to a lawyer in private within a reasonable amount of time, a judge may find that your rights were violated, and exclude the blood test results from the evidence at trial, which can lead to an acquittal. These are only a few examples of reasons for blood test results to be excluded.
Furthermore, because law enforcement agencies are still getting familiar with drug testing equipment, it is more likely that there will be delays and equipment malfunctions than with alcohol testing equipment, which has been around for a long time. These delays and malfunctions can result in further breaches of your constitutional rights.
And while exclusion of blood tests is not a given, it happens far more often than you might think. A skilled lawyer will know how to scrutinize the evidence and thoroughly cross-examine officers to reveal flaws in their investigation and give you the best chance of being acquitted.
Contact me today for a free consultation if you have charged with cannabis-impaired driving.