The Government of Canada is legalizing recreational cannabis Oct. 17. However, just as it’s illegal to operate a motor vehicle with a blood alcohol level above 0.08, it will also be illegal to drive a vehicle while impaired by cannabis.
According to the Government of Alberta: Alberta’s updated impaired driving laws to prepare for the legalization of cannabis and to set time limits for licence suspensions are now in effect: zero tolerance for cannabis or illegal drugs in the blood stream of GDL drivers, in addition to alcohol; immediate 90-day licence suspension for impaired drivers, followed by participation in a one-year ignition interlock program; blood-drug concentration limits and criminal penalities.
Zero tolerance program
Drivers under the Graduated Driver Licensing (GDL) program found to have any amount of cannabis or illegal drugs in their blood are now subject to the same provincial sanctions that apply to alcohol, including: immediate 30-day licence suspension; immediate 7-day vehicle seizure; must remain in GDL program for 2 years and have no suspensions in the last year to graduate from the program.
GDL drivers who meet the requirements for criminal level impaired driving will be subject to any and all provincial sanctions and criminal penalties that apply.
Licence suspension program
All drivers who are reasonably believed to be criminally impaired, who fail or refuse to provide a fluid sample, or are found to be over the legal limits for alcohol, cannabis or cannabis/alcohol combination, will be subject to the following sanctions: immediate 90-day licence suspension; immediate 3-day vehicle seizure (7 day for a second and subsequent occurrence); mandatory remedial education; one-year participation in a provincial ignition interlock program.
Drivers who do not participate in the ignition interlock program will remain suspended for the year.
These sanctions are in addition to criminal charges and any and all penalties imposed by the court. There are no changes to the post-conviction requirements.
Blood-drug concentration limits
Alberta’s alcohol- and drug-impaired driving offences and sanctions have been updated to align with new federal drug laws, which came into effect on June 21, 2018.
Changes include: new drug-impaired driving offences with specified blood-drug concentration (BDC) limits for several illicit drugs and tetrahydrocannabinol (THC), the main mind-altering ingredient found in cannabis; updated criminal penalties for impaired driving.
These limits are similar to the existing 0.08 per cent blood alcohol concentration for criminal-level alcohol-impaired driving. If you are found driving over the criminal limits, you are considered impaired behind the wheel.