Driving and Cannabis
Driving while impaired by alcohol or drugs is a criminal offence under the Criminal Code of Canada.
In June, 2018, Parliament passed amendments to the impaired driving sections of the Criminal Code, giving additional tools to police to investigate drug-impaired driving. This amendment also created new criminal offences for driving while being over a certain level of drug concentration in the blood:
For persons found within two (2) hours of driving with a concentration of between 2 nanograms and 5 nanograms of THC per 1 ml of blood, they can be charged with a summary conviction offence carrying a maximum fine of $1,000.
For persons found within two (2) hours of driving with a concentration of more than 5 nanograms of THC per 1 ml of blood, or with any amount of LSD, PCP, cocaine, ketamine, methamphetamine, or other drugs, they can be charged with a hybrid (meaning it can be summary conviction or indictable) offence carrying a minimum fine of $1,000 for a first offence, a minimum of 30 days in jail for a second offence, and a minimum of 120 days in jail for a third or subsequent offence.
For persons found within two (2) hours of driving with a combination of at least 50 mg of alcohol per 100 ml of blood and 2.5 nanograms of THC per 1 ml of blood, they can be charged with a hybrid offence carrying a minimum fine of $1,000 for a first offence, a minimum of 30 days in jail for a second offence, and a minimum of 120 days in jail for a third or subsequent offence.
This new law also makes it easier for police to detect drug-impaired driving– it allows police to demand a roadside oral-fluid sample to test for the presence of drugs (if the police have a reasonable suspicion that the driver is impaired by drugs).
If the police have reasonable grounds to believe that a person has committed an offence, they can demand further testing, including a more comprehensive Drug Recognition Evaluation, and/or a blood sample.
For more information, find the Cannabis Control Act of Newfoundland and Labrador, linked below:
https://www.assembly.nl.ca/Legislation/sr/statutes/c04-1.htm