Nov 15

The Criminal Code has made it an offence to drive while impaired by drug which are similar to the provisions for driving with impaired by alcohol. Therefore, you are not allowed to drive while impaired by alcohol or drugs.

What is the Legal Limit for Cannabis?

When Parliament made substantial changes to impaired driving provisions of the Criminal Code, they also prescribed limits for THC:

  • at or over 2 ng (nanograms) but under 5 ng of THC per milliliter (ml) of blood for the straight summary conviction offence;
  • at or over 5 ng of THC per ml of blood for the drug-alone hybrid offence; and
  • at or over 2.5 ng of THC per ml of blood combined with 50 mg of alcohol per 100 ml of blood for the drugs-with-alcohol hybrid offence.

What are the Limits for Other Drugs for Driving Offences?

Alcohol and cannabis are the only substances that have prescribed limits for driving. Current testing limitations do not allow for other substances to have prescribed limits. For example, a blood or urine sample will allow someone to determine if you have heroin in your system, but it does not provide a timely reading on the amount of the drug in your system at the time of operating a vehicle. It also takes weeks, or sometimes months to receive the results from a blood or urine sample.

What are the Penalties for Driving Impaired by Cannabis?

The penalty for the summary conviction offence is a maximum fine of $1,000.00. The penalties for the two hybrid offences are the same as for alcohol-impaired driving. These include mandatory minimum penalties of a $1,000.00 fine for a first offence, 30 days imprisonment for a second offence and 120 days imprisonment for a third offence.

What is an Oral Fluid Drug Screener?

An oral fluid drug screener must be comprised of both: an oral fluid collection kit and a reader. It can detect the presence of some drugs in oral fluid, including THC, the main chemical component responsible for cannabis’ psychological effects. The law, and the device, is similar to an approved screening device.

A positive result on an oral fluid drug screener is strongly suggestive of recent cannabis and recent cocaine use. The positive result, along with other grounds, helps the police develop reasonable grounds to believe that you are impaired.

Toronto Impaired by Drug Lawyer

Lockyer Zaduk Zeeh are experienced at representing people charged with impaired by drug offences. By either advancing Charter breaches or retaining an expert to support lack of impairment, Lockyer Zaduk Zeeh are willing to ensure their clients have the best chance of success at trial. If you or a loved one are charged with impaired by drug, contact us at 416-613-0416 or