“I had one edible last night.” “It’s my prescription.” “I wasn’t high, I was just tired.” These are the sentences people find themselves saying after a traffic stop on Steeles or Queen Street turns into a drug investigation, and each one points to a different legal question. Drug-impaired driving charges have their own rules, and much of what people assume from alcohol cases does not carry over.
The biggest difference is the science. With alcohol, a reading usually tells a fairly direct story. With drugs, the amount in your blood, how you were driving and whether you were actually impaired can all point in different directions. That leaves room for real legal dispute in some cases. It also means a person can feel completely fine and still be in trouble.
This is general information about Canadian and Ontario law, and it should not be taken as legal advice about your charge. If you are facing a charge or a roadside suspension, have a lawyer review your specific documents.
Three Different Ways to Be Charged
People say “drug-impaired” as if it were one offence. Section 320.14 of the Criminal Code actually creates several routes, and they require different proof.
Actual impairment. Under section 320.14(1)(a), it is an offence to operate a conveyance when your ability to do so is impaired to any degree by a drug, alcohol or both. No specific blood level is required. The Crown relies on what was observed: your driving, your behaviour, your eyes, your balance, and often the opinion of a specially trained officer. “Any degree” sets a low bar, but the Crown still has to prove the impairment beyond a reasonable doubt, and that it came from the drug.
A blood drug concentration. Under section 320.14(1)(c), it is an offence to have a prescribed concentration of a drug in your blood within two hours of ceasing to drive. You could be charged even if nobody saw bad driving.
A combination of alcohol and drug. Section 320.14(1)(d) covers a combined limit set by regulation.
Federal regulations set the numbers. According to the Department of Justice:
| Substance | Prohibited level (within two hours of driving) |
|---|---|
| THC, lesser offence | 2 ng or more, but less than 5 ng, per mL of blood |
| THC, more serious offence | 5 ng or more per mL of blood |
| THC and alcohol combined | 2.5 ng or more of THC per mL, plus 50 mg or more of alcohol per 100 mL of blood |
| LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-MAM (a heroin metabolite) | Any detectable amount |
| GHB | 5 mg or more per litre of blood |
Notice that for a list of substances, the limit is effectively zero. A trace of cocaine in your blood can be enough for a charge, whatever your driving looked like.
Why Cannabis Causes So Much Confusion
Recreational cannabis is legal for adults in Ontario, which leads many people to assume that driving after using it is mainly a matter of common sense. The law does not work that way. A person who uses cannabis regularly may have measurable THC in their blood for longer than they expect, and how long it lasts varies from one person to another. Feeling sober is therefore no reliable guide, and neither is the number of hours since your last use. Edibles add another problem, because effects can start late and last a long time.
Holding a medical cannabis authorization does not create an exemption from these limits. It may be relevant to a sentencing discussion or to the facts, but it is not a licence to drive above them.
There is also a provincial rule that often gets overlooked. Under Ontario’s Cannabis Control Act, you generally cannot drive with cannabis in the vehicle unless it is in its original sealed packaging, or packed in baggage that is fastened closed or otherwise not readily available to anyone in the vehicle. An open bag in the centre console can bring a separate provincial charge and may also give the officer a reason to ask more questions.
How Police Investigate at the Roadside
Here is a point worth understanding, because the alcohol and drug rules differ. For alcohol, an officer with an approved screening device can demand a breath sample from a lawfully stopped driver without any suspicion. Drug screening does not work that way. Under section 320.27(1), the officer needs reasonable grounds to suspect a drug is in your body, and that you drove within the preceding three hours. Things such as red eyes, the smell of cannabis, tremors or unusual speech may be cited.
If that suspicion exists, the officer may demand one or both of the following:
- Standard field sobriety tests, physical coordination tests such as walking in a line and balancing on one leg
- An oral fluid sample on an approved drug screening device, which can indicate a drug such as THC in the system
A positive oral fluid screen is an investigative step. It indicates the presence of a drug. It does not, by itself, measure impairment or the concentration in your blood. It may, combined with what the officer saw, help give grounds for a further demand.
The Drug Recognition Evaluation and the Blood Demand
If an officer has reasonable grounds to believe that you committed a drug-impaired offence, section 320.28 allows a demand for an evaluation by a trained evaluating officer, a blood sample, or both. Most people have never heard of this evaluation until they are sitting through one at the station.
It is a structured assessment, and it usually takes a while. The officer records your pulse, blood pressure and temperature, checks your eyes, examines your muscle tone, runs divided-attention exercises, and asks questions. The officer then forms an opinion on whether you are impaired and on the type of drug involved. If they conclude that you are, they can demand a sample of oral fluid, urine or blood to test for that drug type.
Blood samples must be taken by, or under the direction of, a qualified medical practitioner or technician who is satisfied that taking them will not endanger your health. Depending on the case, the sample later goes to a laboratory for analysis, which is one reason a drug charge can take time to arrive. Some people are released at the scene or station and learn much later what the result says.
A refusal is its own offence. Section 320.15 makes it a crime to fail or refuse to comply with a lawful demand without a reasonable excuse, and it carries serious penalties. If you are being asked for a sample and you are unsure, speak with the lawyer you have the right to call. Ask for that call right away, and ask for duty counsel if you do not have a lawyer.
Prescriptions and Over-the-Counter Medications
Many Brampton drivers are taking something: a sleep aid, a muscle relaxant after a warehouse injury, an anxiety medication, a strong cold remedy. Ontario’s own guidance is clear that impairment can come from prescription and over-the-counter drugs. A prescription is not a defence to impaired driving if the medication impaired your ability to operate the vehicle.
Some situations are less straightforward. A person who followed their doctor’s directions, had no warning of the risk, and experienced an unexpected reaction may have facts worth exploring with a lawyer. Bring your pharmacy records and any warning sheets. Do not assume you can explain it away at the roadside; explanations given to the officer can be recorded and used.
If you take medication regularly, read the warnings, and ask your pharmacist about driving before you get behind the wheel. If your job involves a commercial vehicle, this conversation becomes even more important.
Where These Cases Are Open to Challenge
Every case turns on its own evidence, and no list can promise a result. But lawyers reviewing disclosure in a drug-driving file often look at these questions:
- Was the stop lawful, and did the officer really have the grounds? A hunch is not enough for a drug-screening demand. The officer’s notes and any video can be compared against what they later said.
- Were your rights respected? Delay in access to counsel, or a failure to tell you about your rights, can raise Charter issues under sections 8, 9 and 10.
- What else could explain the signs? Fatigue, illness, an injury, anxiety and medical conditions can look like impairment.
- Does the evaluation stand up? Was it conducted properly? Do the recorded observations support the officer’s opinion?
- Do the timing and lab results line up? The limit applies within two hours of driving. The sample’s handling, timing and analysis matter.
- Did you use the drug after driving? Section 320.14(6) provides an exception if you consumed the drug after you stopped driving and had no reasonable expectation that you would have to provide a sample. If a collision happened or you knew police were coming, this is much harder to use.
Do not try to work this out alone by comparing your case to someone else’s. Small facts can change the analysis, and expert evidence from a toxicologist is sometimes needed. Practical preservation can be useful, though. Save dashcam footage, receipts, a timeline of what you consumed and when, and the names of anyone who was with you.
Penalties From the Province
Two systems operate here, just as with alcohol. The province can act right away, whatever happens later in court.
Ontario’s published rules say that poor performance on a drug evaluation, or failing or refusing a demand for testing, leads to an immediate 90-day licence suspension, a 7-day vehicle impoundment and a $550 penalty, along with education or treatment requirements. A failed field sobriety test brings shorter suspensions, starting at 7 days with a $250 penalty for a first occurrence and increasing for repeat occurrences.
Ontario has zero-tolerance rules for young, novice and commercial drivers. Anyone 21 or under, G1, G2, M1 and M2 licence holders, and people driving commercial vehicles must have no alcohol and no drugs in their system. Consequences for young and novice drivers include roadside suspensions, plus a fine of $60 to $1,000 and possible further suspension if convicted. Commercial drivers face 3-day suspensions, programs, and penalties that rise with each occurrence. For a Brampton trucking driver, a day-long suspension may be only the beginning, as an employer or insurer may have its own rules. Check your employment contract and your company’s drug and alcohol policy.
Penalties From the Criminal Court
Under the Criminal Code, a conviction for the main drug-impaired offences carries a mandatory minimum fine of $1,000 for a first offence, 30 days in jail for a second, and 120 days for each later offence, with a maximum of 10 years on indictment. The court must also make a driving prohibition, for at least a year on a first offence. Because of the minimum sentences, a discharge is not available for these offences. A finding of guilt means a criminal record.
The less serious THC offence, 2 ng up to under 5 ng, is summary only, with a maximum fine of $1,000.
After a first criminal conviction, Ontario’s licence consequences include a suspension of at least one year, a required program, and an ignition interlock condition for at least a year, followed by a “P” condition of at least six months under which you must have no alcohol or drugs in your system while driving. Further convictions increase these sharply.
One option available to some alcohol offenders is missing here. The province’s Reduced Suspension with Ignition Interlock program excludes offences involving drugs or a combination of drugs and alcohol. So a plea entered in the hope of getting a licence back early through that route would be based on a mistaken assumption. Check the program’s current rules before you make any decision.
If you are not a Canadian citizen, tell your lawyer on day one. A conviction for these offences can have serious immigration consequences, and they may outweigh everything else in the case.
What to Do in the First Week
Start by reading every paper and noting the court date and the fingerprint date. Do not drive during a suspension. Write out what you remember of the stop, including what you were asked and how long things took. List every substance you took in the preceding 24 hours and where you got it, and keep this private and share it only with your lawyer. Avoid posting about the incident, and do not discuss your use with colleagues.
You can read about our approach on the impaired driving page, and you can reach the office to book a time to go through the disclosure. Nobody can tell you how a case will end before reviewing the evidence, but an early review can identify what the Crown has and what it still has to prove.