Rules For Driving In Alberta After Using Marijuana

Traffic authorities in Alberta do not want motorists to do any driving within the 2-hour span that follows any usage of marijuana. If police suspect that you may be driving while under the influence of cannabis, then you can expect to be tested for THC (tetrahydrocannabinol).

Why are drivers tested for THC?

That is the chemical in cannabis that provides the user with a definite high.

How is the test for THC carried out?

Police swab the mouth of the stopped driver, in order to obtain a saliva sample. That sample gets placed in a testing machine, where it undergoes an analysis. Meanwhile, the driver must demonstrate the level of his or her coordination. That test can be completed while the machine analyzes the saliva sample.

Can drivers refuse to get tested?

No, all motorists suspected of driving while under marijuana’s influence must get tested. The penalty for the initial refusal depends on the findings from a test. That is the test that includes an analysis of the saliva sample. If tests show that you had between 2ng and 5ng of THC in your blood, then you must pay a $1,000 fine. If tests show that you had more than 5ng of THC in your blood, then your punishment depends on what your record says about any previous offenses. However, you can always consult with personal injury lawyers in Leduc to assist you with representation.

If this experience has caused your first offense to get entered on your record, then you have to pay a fine of $1,000. If, however, the police record a second offense, then you could have to spend up to 30 days in jail. If your records show that you were tested 2 or more times previously, with a positive result, then you should stand prepared for serving up to 120 days in prison.

Additional punishments that are possible:

Repeat offenders should not assume that their only punishment will be the need to spend 120 days in jail. The authorities charged with enforcing the laws about driving, after using marijuana have been granted permission to supplement that jail time with other punishments.

For instance, a repeat offender might have his or her vehicle seized for 3 days. Alternatively, such an offender might have his or her license suspended for 90 days. Continued non-compliance with the rules about marijuana’s usage could cause a driver to become a forced member of Alberta’s interlock program.

No driver should think that by evading testing, motorists can remain free of the need to spend time in a jail cell. Any untested motorist could get into an accident and, thus, injure someone. The occurrence of such an event might trigger a testing of the driver’s THC level. A tested driver with a high level could face jail time.