The recent changes in how cannabis is allowed to be sold and
used caused a change in how our government handles cases related to the use of
substances before and during driving. Read below to find out what the latest
changes are and what they mean.
The Changes
The new stand on the law states the following:
- An oral fluid sample may be demanded by a peace officer from a driver suspected of driving under the influence
- The peace officer will have reasonable grounds to believe that the driver committed an offence should the oral fluid sample test positive for a drug, and validates an arrest
- An evaluating officer will demand a drug evaluation or a blood sample from the detained driver
New Guidelines
Furthermore, a new criterion for determining the level of
cannabis in the driver’s body has been established. This is based on the level
of THC in the body of detained person. Full details are at: https://www.canada.ca/en/healthcanada/news/2017/04/backgrounder_changestoimpaireddrivinglaws.html
- 2 nanograms (ng) but less than 5 ng of THC per milliliter of blood measured at within 2 hours of driving will be punishable by fine of up to $1,000 and be treated as a separate summary conviction criminal offence
- 5 ng or more of THC per milliliter of blood measured at within 2 hours of driving can be treated as a summary conviction or an indictment depending on severity because it is classified as a hybrid offence
- Combined THC and Alcohol wherein the blood alcohol level is over 50 mg per 100 milliliter of blood combined with a THC of more than 2.5ng per milliliter of blood measured within 2 hours of driving is also a hybrid offence
Note that the maximum penalties for those found to be driving
under the influence of alcohol is the same as those who were caught driving
under the influence of drugs.
Need help from a DUI lawyer in Toronto? Calvin Barry is a veteran of handling drug
charges, Over 80, and impaired driving charges in Canada. If you or someone you know have an
issue with driving under the influence contact DUI Lawyer Calvin Barry today!
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