Legalization of Marijuana: what you need to know as an Ontario driver

Friday July 27, 2018

Category: Auto | Laws

With the recent legalization of Marijuana across Canada, Ontario and other provinces are busy assembling region-specific regulations.

The legalization of marijuana affects workplaces, private homes, public spaces and vehicle operation. The laws affect every user whether you are a recreational user or medicinal user. If you live – or drive – in Ontario, here’s what you should know about how the provincial government plans to regulate cannabis and automobile use:


You can’t smoke in your car

According to the new laws, you are now legally able to smoke marijuana in a private residence – including on a private balcony. However, it continues to be illegal to consume cannabis products in your automobile, even if you aren’t driving it.

Disobeying the law could result in a number of penalties including immediate license suspension, fines, a criminal record or jail time. Using marijuana, in any form, while behind the wheel is considered impaired driving and is punishable by law.


Police can do roadside checks just like they do for alcohol

If law enforcement suspects you’re driving under the influence of cannabis, they can pull you over. You can be even be pulled over at random for this.

Officers can then employ either a standard sobriety test (requiring a set of physical tests, like standing on one leg or focusing on a moving object), or use an oral fluid screening device. This device requires a saliva swab from your tongue, similarly to taking a DNA sample. The sample is examined by a machine to determine a presence of a THC. These are pass-or-fail tests, but if you fail either, police are likely to request a blood sample. The blood sample determines the exact level of THC in your blood and the severity of penalty.


Canada’s impaired driving laws are changing

Ontario drivers should also be aware that the Canadian government is overhauling their impaired driving laws, which we’ve covered in more detail here. Until now, there haven’t been measurable limitations for THC.  This will change when legalized marijuana comes into effect.

There is some disagreement with the way impairment will be determined. Actual impairment these levels cause could vary quite a bit based on the individual. In addition, fat cells store THC meaning it takes time to break down in the body. This means there could be traces in your blood even if it has been a while since you’ve smoked or ingested. Many people worry this could lead to unfair convictions.


Zero tolerance for young, learning or commercial drivers

Under the new laws, it will be illegal for you to have any alcohol or cannabis in your system if:

This policy will also apply to anyone driving a road-building machine or a vehicle that requires a Commercial Vehicle Operator’s Registration (CVOR). Violating this rule can result in fines, vehicle suspension, or mandatory enrolment in a treatment program.

Don’t Drive Impaired

Legalization does not mean more leniency when it comes to enforcement of impaired driving laws. The penalties for violating these laws can cause major disruptions in your life. For some people, vehicle suspension means a loss of income. While fines could have a significant financial impact and a criminal record can result in a whole range of complications. This can include losing custody of children to employment problems. If you’re a high-risk driver or have already had contact with law enforcement while operating a vehicle, be extra cautious. Even a small level of THC in your blood could lead to significant complications, whether you’re under the influence or not.


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