What are the Consequences of Driving High in Ontario?

Countless people are injured every year in Ontario due to impaired driving—and driving high (from marijuana or other drugs) is considered impaired driving: a serious offence under the Criminal Code of Canada.

Many people think DUIs refer only to alcohol, but drivers are in just as much trouble from drugged driving as drunk driving. The consequences are severe, including lengthy terms of imprisonment according to the laws passed under Bill C-46 in 2018.

Driving while intoxicated with marijuana is actually more common than driving while impaired with alcohol among younger Canadians.

Before you consider driving after smoking a joint, it helps to understand more about the dangers, laws, and associated penalties of driving high.

Driving high is a form of impaired driving, i.e., driving under the influence of legal, prescription or illegal drugs.

Is driving high illegal in Ontario?

Driving high is just as illegal as driving while impaired by alcohol. The Canadian laws on impaired driving apply regardless of whether you are driving a car on a public road or a boat on the lake.

Bill C-46 added new federal laws and penalties regarding impaired driving, including drugged driving.

There is a common myth that drivers are more focused, alert, and careful when high on marijuana. However, the truth is that impairment by any substance when you are behind the wheel of a vehicle is dangerous.

Impairment from cannabis can last up to six hours (or more) depending on the levels of the active ingredient (THC) in the blood and how it was consumed. It may be legal to possess and smoke cannabis in Canada but, when driving, it results in slower response times, reduced memory, lower concentration levels, and poor decision-making.

How people react to cannabis may vary but, ultimately, it can lead to:

• Poorer motor skills, which can affect routine driving tasks, balance, and coordination.
• Slower reaction times to unexpected dangers on the road and other drivers’ actions.
• Difficulties in judging distances and timing.
• Poor concentration levels (other road users, road signs, etc.)
• Too much focus on some aspects of driving and not enough on others.
• Possible drowsiness, which is a danger to all road users.

Bill C-46 outlines three federal classifications of driving high in Canada, based on how many nanograms (NG) of THC is measured in the blood.

2ng – 4.9ng of THC in blood

This can result in a maximum fine of up to $1,000.

5ng or more of THC in blood

If you are caught with more than 5 ng of THC or any detectable traces of other illegal drugs, such as cocaine or methamphetamine, the following penalties apply:

• A mandatory minimum fine of $1,000 for a first offence.
• A mandatory minimum of 30 days in jail for a second offence.
• A mandatory minimum of 120 days in jail for a third or subsequent offence (up to 10 years imprisonment).

50 mg of alcohol and 2.5 ng of THC

This law covers those who consume both alcohol and marijuana and then drive impaired:

• A mandatory minimum $1,000 fine for a first offence (maximum 10 years imprisonment).
• A mandatory minimum of 30 days in jail for a second offence (maximum 10 years imprisonment).
• A mandatory minimum of 120 days in jail for a third or subsequent offence (up to 10 years imprisonment).

Any case of high driving that does not cause bodily harm can result in a summary conviction and 18 months in jail or an indictment resulting in up to 5 years imprisonment.

The resulting criminal record can have long-term consequences for employment, travel, immigration status, insurance premiums, and more.

If a person drives high and his/her actions result in bodily harm being caused to another road user, the sentence is up to 10 years in jail. If another road user dies from his/her actions, the sentence is up to life in prison.

Drivers who are over the THC limit face provincial laws in Ontario as well as federal fines and imprisonment. These penalties can be imposed under Ontario’s roadside sanctions program.

2ng – 4.9ng of THC in blood

• First offence: 3-day licence suspension and a $250-$550 fine.
• Second offence: 7-day licence suspension and a minimum $350 fine, as well as completion of an education program.
• Third and subsequent offences: 30-day licence suspension, a minimum fine of $450, completion of a treatment program, 6 months of driving with an ignition interlock device, and a mandatory medical exam.

5ng or more of THC in blood

• First offence: 90-day licence suspension, 7-day vehicle impoundment, $550 fine, payment of the license reinstatement fee.
• Second offence: 90-day licence suspension, 7-day vehicle impoundment, $550 fine, payment of the license reinstatement fee, and a mandatory education or treatment program.
• Third and subsequent offences: 90-day licence suspension, 7-day vehicle impoundment, $550 fine, payment of a license reinstatement fee, a mandatory education or treatment program, 6 months of driving with an ignition interlock device on reinstatement of the licence.

The Government of Canada has a campaign to raise awareness of the dangers of driving high. It has also passed legislation that allows police to demand that a driver performs a roadside test—with roadside sanctions applied if a driver is suspected of drugged driving.

Upon request, drivers must provide an oral fluid sample using Approved Drug Screening Equipment (ADSE). If the test is positive, the driver will be arrested and taken to the police station for additional testing. A Standardized Field Sobriety Test (SFST) may also be performed by police.

Another potential test is the 12-step DRE evaluation, which can be performed at a police station.

If the driver is arrested, additional blood testing will be performed before the driver is charged or released.

Can you drive high if using medical marijuana in Ontario?

Users of medical cannabis are not exempt from the drugged driving laws in Ontario. If they drive impaired, they run the risk of criminal charges, though they are exempt from the “zero tolerance” laws applied to novice and commercial drivers.

For legal advice about a driving high charge in Ottawa, speak to a criminal defence lawyer during a free consultation.