Tabled in April 2017, a new legislation that legalizes the use, cultivation, sale and consumption of recreational marijuana makes Canada the first G7 nation and the second country after Uruguay to adopt such a measure.

Deemed historical by some observers, this move lifts nearly one hundred years of prohibitive laws on the recreational use of cannabis. However, the Liberal government has simultaneously strengthened and overhauled the impaired driving laws that relate to users of both drugs and alcohol.

This is part of the Trudeau administration’s poll promises that it rode to victory on in 2015. The “pot plan” as it’s being dubbed, is a two-fold approach to the issue, and addresses the concerns of road-users, motor vehicle accident lawyers and law enforcement departments.

Ontario Provincial Police are bracing for an uptick of cases following the new rules. One of the key issues facing police and traffic authorities is the problem of collecting evidence of drug-impairment, measuring the levels of drug in the body and ensuring that such cases are properly charged.

The New Marijuana Rules

Prime Minister Trudeau has reiterated that the new rules are designed to prevent minors from falling prey to drugs and also ensure that organized crime is prevented. The bill allows those above 18 to possess up to 30g marijuana both dried and fresh. A higher age-limit option is also left to the discretion of each province. The new rules allow people to grow up to four cannabis plants or purchase them from a licensed retailer. Cannabis oil, dry and fresh cannabis will become available immediately, and edible forms of the drug may become available later.

Dealing in the drug outside the legislative framework and guidelines still remains illegal and the government denies any move to promote the use of the drug. It is also against the law to sell drugs to a young person (as mandated by provincial rules) and also use youth in cannabis-related crimes.

Public Safety Minister Ralph Goodale opined, “If your objective is to protect public health and safety… and stop the flow of profits to organized crime, then the law as it stands today is an abject failure.” He was speaking at a news conference and added, “… Canadian teenagers are among the heaviest users in the Western world …. we simply have to do better.”

Impaired Driving Laws

Several changes have been made to the Impaired Driving Laws. These changes introduced by Justice Minister Jody Wilson-Raybould introduced signaled certain provisions that have raised concerns among defense lawyers and constitutional experts.

The new legislation allows for mandatory roadside alcohol testing and a new range of criminal charges for driving while under the influence.

Police can now demand a saliva sample if they suspect drug impaired driving. However researchers have raised questions about the validity of such roadside tests. There is currently no definitive, reliable testing available to determine marijuana impairment, according to experts.

The new legislation also reduces the time that drivers have to wait before they can return to driving.