Driving and Marijuana
Whether you're a medical cannabis user or a recreational enthusiast, understanding the legal landscape is paramount when it comes to traveling with marijuana. If you drive in Ontario, and even occasionally use THC, you need to know the law.
Driving Under the Influence
Operating a vehicle impaired by cannabis is both illegal and dangerous. It is imperative to recognize that cannabis-induced impairment can cause significant impairment to judgment, coordination, and reaction time. In other words, you are more likely to get into an accident and more likely to be charged with a criminal offence.
Zero Tolerance for Specific Drivers
Certain categories of drivers, including those aged 21 or under, individuals possessing G1, G2, M1, or M2 licenses, commercial drivers, and operators of road-building machinery, are subject to a zero-tolerance policy concerning cannabis use while driving. Driving even a little high under 21 years old means you could face driving suspensions, driving prohibitions, criminal charges and jail.
Medical Cannabis Users
While medical cannabis users are exempt from the zero-tolerance provisions, it is imperative to underscore that impairment can still attract penalties and criminal charges. Medical cannabis users driving with cannabis in their system need to have evidence of responsible usage in accordance with recommended guidelines.
Avoiding Impaired Driving
Given the unpredictability of individual responses to THC, there is no foolproof method to precisely determine when it is safe to operate a vehicle post-cannabis consumption. Effects can persist for up to six hours or more, contingent upon variables such as THC levels and consumption methods. Consequently, responsible travelers are advised to explore alternative transportation options or opt for overnight stays when cannabis has been consumed.
Enforcement and Penalties
The police have an array of tools, including roadside drug screening equipment and sobriety tests, to assist them in attempting to identify and charge drug-impaired drivers. For cannabis, the roadside drug screening tests remain highly subjective and may result in a “fail”, despite the driver not being impaired. Penalties for driving under the influence of cannabis range from immediate license suspension and financial penalties to potential criminal records and incarceration. If you are using cannabis and driving sober, be sure to have sufficient evidence to back-up your claim long before the case goes to trial.
Transporting Cannabis
Analogous to regulations governing alcohol, the transportation of cannabis in motorized vehicles mandates strict adherence to specific guidelines. When driving with cannabis, it must be securely stored in its original packaging, placed in baggage, and inaccessible to occupants of the vehicle. Cross-border transportation of cannabis is strictly prohibited.
Drive Safely
In conclusion, if you are a cannabis user and you are also a driver, understanding the law is essential to your legal safety. If you have been charged with impaired driving, contact a lawyer to understand the nuances of these complex laws.