Driving under the influence of drugs is an offense under the Criminal Code in Quebec, and has been so since 1925. The legalization of cannabis in Canada, which took effect in October 2018, raised questions about the permissible THC levels while driving and the penalties applied for driving under the influence of cannabis.
Below is an overview of the sanctions you may face if arrested for driving under the influence of cannabis in Quebec.
What the law says about driving under the influence of cannabis
According to the Criminal Code and the Highway Safety Code, driving with impaired abilities due to cannabis is a dangerous behavior that is severely punished by law. If there is a detectable presence of cannabis, the accused person faces various sanctions. These can vary depending on blood test results showing THC levels exceeding those set by federal regulations, namely:
- 2 nanograms (ng) of THC per milliliter of blood
- 5 nanograms (ng) of THC per milliliter of blood
- 2.5 nanograms of THC per milliliter of blood combined with a blood alcohol level equal to or greater than 50 milligrams per 100 milliliters of blood
It should be noted that if a person driving with impaired abilities is involved in an accident causing injuries to someone, or death, they may face imprisonment.
Fines for driving under the influence of cannabis
The first measure implemented by the government is a monetary sanction for less severe offenses. The fine for driving under cannabis with a level between 2 ng and 5 ng is up to $1,000. For levels exceeding 5 ng, the driver may face a minimum fine of $1,000. In case of repeat offenses, this fine can result in detention.
Imprisonment penalties for driving under the influence of cannabis
The length of imprisonment for driving under the influence of cannabis varies greatly depending on the circumstances of the arrest and can range from a few days to life imprisonment.
The minimum imprisonment duration varies greatly depending on the context
It usually starts at a minimum of 30 days of detention if the driver is arrested with a THC level between 2 ng and 5 ng and it is a repeat offense. However, a first arrest could also result in a maximum sentence of 10 years in prison. Therefore, the penalties should not be underestimated, even with a low THC level.
Life imprisonment as the maximum penalty for driving under cannabis
One should not assume that a Criminal Code offense caused by a THC level exceeding 5 ng automatically leads to a life sentence, but it will likely result in a harsher penalty.
The harshest imprisonment penalties are applied if the driver is involved in an accident causing injuries to someone or causing their death. In the first case, the sentence can range from a minimum of 2 years less a day to a maximum of 14 years. If the accident results in a death, the driver under the influence of cannabis could face life imprisonment.
Driving under the influence of cannabis: penalties not worth the risk
The legalization of cannabis has led to increased police controls, and officers are now well-equipped and trained to detect THC in the blood. It is definitely not a risk worth taking. For more information regarding driving under the influence of cannabis, do not hesitate to contact a lawyer at the Droit Criminel law firm.
