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With Canada’s legalization of cannabis —and modifying its Criminal Code to cover drug-impaired driving —it’s important to CBD gummies figure out how to determine whether someone is impaired. Many people use cannabis for medical reasons, for recreation purposes, or both. Figuring out whether someone should avoid driving can be tricky because of the variety of chemicals contained within the plant, the different ways people use cannabis and the fact that regular users can develop tolerance. The drug driving legislation is about deterring people from driving with a prescribed drug in oral fluid or blood, thereby improving road safety.
This includes if they saw you driving erratically or dangerously, or how you speak and interact with the police officer. The science and technology around reliably testing for the levels of impairment due to THC being in your system is much newer and less refined than for alcohol. Part of the reason is for how THC stays and is found in your system compared to alcohol (more on that below), but also because drinking and driving has been a high profile issue a lot longer than consuming cannabis and driving has. Average recreational marijuana tends to have around 20% THC, but it can be over 30% or as low as 1%.
Make sure you know the THC levels in any cannabis you consume to know how it will affect the levels of THC in your system before you drive. Most medical marijuana, for example, contains CBD (cannabidiol) instead of THC. CBD is a different kind of chemical component that does not get you high or impair your motor or mental functions.
A driver who is pulled over for a random roadside saliva test is legally required to undertake the test. Penalties apply to drivers who refuse to undertake a drug screening test, oral fluid analysis or blood test when required to do so by a police officer. Random roadside saliva tests are conducted in a similar way to current random breath tests for alcohol. Drivers will be required to complete a breath test for alcohol before undertaking a saliva test to detect for the presence of one or more of the three prescribed drugs. There are a number of drugs (both legal and illegal) that have the potential to affect driving ability.
It is considered more dangerous to be driving while under the influence of both alcohol and THC. Ontario therefore has a hybrid offense with stiffer penalties to people who have a BAC of .05 combined with a THC level over 2.5 nanograms. 2 to 5 nanograms of THC per mL of blood — summary conviction and up to a $1,000 fine. A summary conviction is a lesser punishment that will not affect your criminal record and is more precautionary to teach the driver to avoid having any THC in their system while driving.
If you want to learn more about the new laws surrounding the testing and punishment of being impaired by the THC in cannabis, we wrote this guide to help. However, CBD products can be created from the stalks of the cannabis plant, which are not deemed as “cannabis” under Title . While the legality of CBD extracted from marijuana remains somewhat dubious, using CBD derived from hemp should help you avoid legal trouble.
This includes “high risk” areas such as truck routes and entertainment precincts. You should do your research using authoritative and trustworthy resources before you start consuming cannabis to know how you may be physically and legally affected. According to a 2014 study of all car accidents in Canada that resulted in a fatal injury for the driver, 26.9% of drivers tested positive for having only drugs in their system, and 15.5% had both drugs and alcohol. Both represent a larger group than the 13% drivers who tested positive for having only alcohol in their system.
Some prescription medications also contain behaviour modifying drugs such as benzodiazepines, which can be found in valium, as well as antihistamine, commonly found in hay-fever tablets. The saliva test only detects the presence of THC (cannabis), Methylamphetamine (speed, ice or crystal meth) and MDMA (ecstasy). It does not detect the presence of prescription drugs or common over the counter medications, such as cold and flu tablets, sinus medication (e.g. Sudafed), asthma or ADHD medication. Similar to mobile random breath testing, drivers and riders may be stopped by a police officer at any time, anywhere in South Australia and tested for these three prescribed drugs as well as alcohol.
It is used in medical marijuana because it has been found to be able to treat a number of medical conditions or symptoms, especially those related to pain and mental illness, without affecting your mental faculties. With the new legislation in Canada and Ontario making it legal to buy and consume recreational cannabis, there is also new legislation around driving while impaired by cannabis. Specifically, it is illegal to be driving in Ontario with the chemical component THC in your system.
When you smoke or vape cannabis, you will feel it faster, but the effects of THC will peak and disappear between 30 minutes to 4 hours. If you consume edibles, you may not feel the effects as quickly, but the effects will usually last between 4 to 6 hours. Keep that in mind when you eat edibles that the THC will remain in your system for longer when you drive a vehicle later on. When a police officer pulls you over, they must have reason to believe that you are driving while impaired by cannabis or other drugs.
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