Using cannabis and driving? Learn more about Bill C-46 (Part I)

Where there’s smoke there’s uncertainty: Details of Bill C-46

Though we’re often told that ignorance of the law is no excuse for breaking it, Canadians might be excused (from at least a practical standpoint, if not a legal one) for not fully understanding Bill C-46, and unknowingly suffer the risk of facing criminal charges.

*If you’re facing a DUI charge and need a lawyer in Edmonton, Click here.

Bill C-46 was given Royal Assent on Jun 21st, 2018 and its comprehensive revision of the Criminal Code for impaired driving offenses in response to the upcoming legalization of Cannabis in a few weeks. The federal laws Bill C-46 outlines will come into effect this December, but many lawyers have concerns that this overhaul of impaired driving laws may in fact be unconstitutional in that it may result in criminal charges being laid on sober drivers.

In this series of articles, we explore issues Bill C-46 creates that you ought to be aware of.

Blood THC levels above 2ng/mL will become criminal for drivers.

Bill C-46 restricts the permissible amount of THC (the main psychoactive compound in cannabis) drivers may have in their system (much like the current laws regarding blood alcohol level limits). Come December, drivers caught with a THC level between 2 and 4 nanograms (ng) /millilitre (mL) of blood will face a summary conviction and a fine of up to $1,000. Drivers found with a blood THC level of 5ng/mL or more face a hybrid offense (a summary conviction and indictable criminal offence) and, depending on the severity, jail time of up to 10 years in addition to a heftier fine.

There is a problem with this 2ng/mL cut-off, however, in that it’s not really backed by science. Some toxicologists and pharmacologists have indicated that THC levels can, in some cases, have little impact on a person’s driving ability: Unlike alcohol, which is processed in a reliable, time-dependent fashion from the body without being retained, THC is a fat-soluble compound that can remain stored in a person’s fat cells for a significant period of time without resulting in impairment. As such, THC can be released into the bloodstream long after consuming cannabis – especially during periods of fasting or weight-loss.

This makes making guidelines difficult for how long you should wait after consuming cannabis before driving, from either a legal or a practical impairment standpoint. It depends on the concentration and amount of cannabis used (there is currently no metric of what a ‘dose’ is like there is for alcohol), how often you consume it, as well as your individual physiology and genetics. As a result, not even experts could precisely tell you when you’re legal to drive after use, especially if you’re a regular user. Indeed, a study has shown that for up to seven days following using marijuana, two nanograms of THC can remain in a person’s blood.

The consequences of this wide variation and uncertainty means Bill C-46 has created instances where functionally sober cannabis users may be subject to criminal charges.

*Read more about how a DUI charge can affect your life.

The post Using cannabis and driving? Learn more about Bill C-46 (Part I) appeared first on Right Legal.