Last verified: March 2026
Three THC-Specific Driving Offences
Canada's Criminal Code creates clear, measurable THC thresholds for impaired driving. Unlike some jurisdictions that rely solely on officer observation, Canada uses specific blood-THC concentrations to define offences.
| THC Level | Offence Type | Penalty |
|---|---|---|
| 2–5 ng/mL | Summary conviction | Maximum $1,000 fine |
| 5+ ng/mL | Criminal offence | 1st: min $1,000 fine 2nd: 30 days jail 3rd: 120 days jail Max: 10 years |
| 2.5+ ng THC + 50+ mg alcohol | Combined offence | Same as 5+ ng/mL penalties |
How Enforcement Works
Police can demand an oral fluid sample using approved screening devices when they have reasonable suspicion of drug-impaired driving. The two approved devices are:
- Drager DrugTest 5000
- Abbott SoToxa
If the screening device indicates the presence of THC, or if the officer has reasonable grounds to believe impairment, they can demand a blood sample at a hospital or qualified facility. Refusal to provide a sample carries the same penalties as a conviction.
How Long Should You Wait?
There is no scientifically established safe waiting time between cannabis use and driving. THC can remain detectable in blood for hours or days, depending on frequency of use, metabolism, and consumption method.
At minimum 6–8 hours after smoking or vaping, and 12–24 hours after consuming edibles. The government's official position is simple: if you use cannabis, do not drive.
Open Container Laws
Cannabis must be stored properly while in a vehicle:
- Cannabis should be in sealed, original packaging or stored in luggage that is not readily accessible
- Consumption in any vehicle — moving or parked — is illegal for both drivers and passengers
- This applies to all motor vehicles including cars, RVs, boats, and ATVs
Penalties in Detail
First Offence (5+ ng/mL or combined)
- Minimum $1,000 fine
- Criminal record
- Provincial driving prohibition (varies by province, typically 1 year)
Second Offence
- Minimum 30 days imprisonment
- Criminal record
- Extended driving prohibition
Third and Subsequent
- Minimum 120 days imprisonment
- Maximum 10 years imprisonment
For Visitors
Foreign visitors convicted of impaired driving in Canada will have a Canadian criminal record. This can affect future travel to Canada and other countries. Many tourists are unaware that cannabis DUI in Canada carries mandatory minimum penalties more severe than many US states. Use taxis, rideshares, or public transit after consuming cannabis.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org