Is It Okay for Medical Marijuana Users to Smoke and Then Drive?

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Is It Okay for Medical Marijuana Users to Smoke
and Then Drive?
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As the federal government continues to work
towards the legalization of marijuana for
recreational purposes, there has been some
changes to the Criminal Code in regards to
impaired driving and driving under the influence
of alcohol or drugs.
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The changes in the law are being implemented in
order to ensure the Criminal Code has offenses
for drug impairments prior to the actual
legalization of marijuana.
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The reason our government is taking this approach
is based upon information on what many of the
states in the U.S. did after they legalized
marijuana for recreational purposes.
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For instance, in Washington it is illegal for
anyone under the age of 21 to drive while under
the influence of marijuana. The state opted to
expand its zero tolerance alcohol policy for
underage drinkers to marijuana.
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So if someone under the age of 21 is stopped and
it is determined they are impaired by marijuana,
they are charged. Plus, Washington requires a
person to be 21 in order to legally purchase and
smoke pot for recreational purposes.
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Here in Toronto, medical marijuana users could
potentially be charged with impaired driving
under the influence of drugs. The offence carries
with it the same consequences, if one was
convicted of impaired driving under the influence
of alcohol.
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This means guilty persons could see minimum
penalties of 1,000 and up to life in prison for
repeat offenders, or in cases where someone was
killed or injured by the defendant due to their
drug impairment.
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Currently, if one is stopped by the police, they
can conduct a roadside impairment evaluation. If
they suspect someone is indeed impaired, then
they may request the driver to complete different
types of tests. To screen for drug impairment,
police have started using saliva tests roadside.
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If the saliva test is positive, then they will
arrest you and place you into custody. Once in
custody, they should perform a more comprehensive
test, like a blood test, to determine the actual
types and amounts of drugs in the body.
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Additionally, there is debate about how much
marijuana one could smoke and not be considered
impaired under the law. Part of the debate has to
do with how the TCH in marijuana affects a
person. If they inhale deeply, hold their breath
and only take a few puffs, they could potentially
be impaired.
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On the other hand, someone that doesnt inhale as
deeply could smoke an entire joint and still be
perfectly fine to drive. For now, the laws do not
distinguish between impaired by marijuana or
other drugs, only between drugs and alcohol.
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Until further changes are made to laws, the best
advice is if you are a medical marijuana user
dont drive or get a designated driver.
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If you were stopped by the police and charged for
impairment under drugs or alcohol, please feel
free to contact me, Toronto criminal defence
lawyer, Jeff Hershberg at 416-428-7360 now to
schedule a consultation.   Source -
http//www.hershberglaw.ca/is-it-okay-for-medical-
marijuana-users-to-smoke-and-then-drive/
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