Driving under the influence of cannabis is illegal, as it impairs a person’s ability to operate a vehicle safely. Additionally, there are regulations on how cannabis must be transported in a vehicle. Below are some frequently asked questions that police receive regarding cannabis use and drug impaired driving.
Cannabis and Driving
Can you test motorists at the roadside for drug impaired driving?
Yes, the Standardized Field Sobriety Test (SFST) is conducted roadside by a specially trained police officer when a driver is suspected to have a drug in their body. The SFST consists of some preliminary questions, an eye exam and some movement tests.
If the SFST indicates impairment by a drug, the driver can be arrested and taken to a police station to be evaluated by a Drug Recognition Expert (DRE). At the conclusion of a DRE evaluation, a demand for toxicology (blood / urine) will be made if the DRE trained member has formed the opinion that a person’s ability to operate a vehicle is impaired. The seized sample is then sent to a lab for analysis.
Is there a breathalyzer or some type of roadside screening device for cannabis
Approved Drug Screening Devices (ADSE) are approved for use by the federal government. The EPS uses an oral fluid device called the Drager Drug Test 5000 which is portable and can be used roadside to detect the presence of certain drugs.
How much cannabis can I consume and how long do I need to wait to drive after consuming?
As with alcohol, there are many variables when consuming cannabis and it affects people differently. Factors such as quantity, method of consumption, concentration of THC and individual physiology of the user (heigh, weight, gender, stomach contents, etc.) can greatly impact the onset and duration of effects. Federally prescribed limits and penalties can be located on the Government of Canada website though it is difficult to equate these limits to actual consumption so the safest choice is always to refrain from driving after using cannabis.
Can people drive legally while using other prescription medication, such as opioid pain killers?
The SFST and DRE programs are not specific to cannabis. Impaired driving is an offence regardless of whether the drug consumed is illicit or legally prescribed. Many prescriptions have warning labels on the bottle about refraining from driving or operating machinery while taking. Remember if a medication causes any degree of impairment from slight to great, a person cannot take it and legally drive.
What if I have a prescription for cannabis, can I drive after using my medication?
The legal limits of THC apply regardless of whether the person has a prescription for cannabis. You cannot drive impaired to any degree even if that substance is prescribed by a doctor.
What do I do if I see someone get into their vehicle after using cannabis or using cannabis while driving?
As with alcohol, if you suspect an impaired driver, call 9-1-1 immediately to Curb the Danger. If you are calling 9-1-1 to report an impaired driver, you are exempt from distracted driving legislation during the call.
Crime Stoppers allows you to report habitually impaired drivers anonymously. If you know someone who regularly drives while impaired by cannabis, contact Crime Stoppers. Please provide as much information as possible including where the person lives, works, vehicle description, licence plate number, specific times of day the person typically drives while impaired, etc. The more information you can provide, the better our chances of getting the impaired driver off the road.
Can passengers in a vehicle use cannabis?
No, the only time cannabis can be used in a vehicle is if the vehicle is being used as a residence (such as a parked RV).
Transporting Cannabis
How do I transport cannabis properly?
Cannabis must be in a sealed package AND out of reach of all occupants of the vehicle. If you are pulled over for any reason and police see cannabis stored improperly in your vehicle, you could be arrested, searched and face a fine.
Does cannabis have to be in retail packaging?
No, a “sealed package” could include a Ziploc-type bag or any container with a lid that closes securely.
What if my vehicle doesn’t have a trunk?
The law states that cannabis must be out of reach of all occupants of the vehicle. If you are driving alone, under a rear seat would be legal as long as it's out of your reach. If you have passengers in your back seat, you will need to store your cannabis out of everyone's reach, i.e. the box of a truck or the rear hatch of a hatchback provided your passengers cannot reach it.
Can I transport cannabis on public transit?
Yes, public transit is considered a “common carrier,” and the law allows for this.
Can I smoke or consume edibles in my parked car if I’m not driving it?
No, the only time cannabis can be used in a vehicle is if the vehicle is being used as a residence (such as a parked RV).
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