Impaired Driving and Cannabis

The Criminal Code applies all across Canada and sets out criminal offences for impaired driving for alcohol, cannabis and drugs. Each province can also make rules for impaired driving, in addition to those under the Criminal Code. In Alberta, these additional rules are set out in the Traffic Safety Act.

For example, the federal maximum blood alcohol concentration (BAC) for fully-licensed drivers (does not include student drivers or GDL drivers) is 80 milligrams of alcohol in 100 millilitres of blood, or 0.08. Anyone driving with BAC of 0.08 or more is guilty of a criminal offence. That same driver may receive provincial penalties, such as having their license suspended and vehicle seized.

Last Reviewed: June 2019

No. The Alberta Zero Alcohol/Drug Tolerance Program applies to drivers with a Class 7 Learner’s License. This means you must have a zero blood alcohol concentration and a zero blood drug (including cannabis) concentration when driving.

For more information on the Alberta Zero Alcohol/Drug Tolerance Program, follow the link below.

Last Reviewed: June 2019

No. The Alberta Zero Alcohol/Drug Tolerance Program applies to drivers with a Class 5 Probationary or GDL License. This means you must have a zero blood alcohol concentration and a zero blood drug (including cannabis) concentration when driving.

For more information on the Alberta Zero Alcohol/Drug Tolerance Program, follow the link below.

Last Reviewed: June 2019

There are both federal and provincial legal limits for driving while impaired by cannabis, alcohol, or a combination of the two.

The federal limits are:

• Alcohol: blood alcohol concentration (BAC) of 80 milligrams or more of alcohol per 100 millilitres of blood.
• Cannabis (THC):
  • Less serious offence: between 2 nanograms and 5 nanograms of THC per one millilitre of blood
  • More serious offence: 5 nanograms of THC or more per one millilitre of blood
• Combination of alcohol and cannabis:
  • BAC of 50 milligrams or more per 100 millilitres of blood plus 5 nanograms or more of THC per one millilitre of blood

Remember, you can also be charged if you are over the federal limits within two hours of driving.

In Alberta, you can also be charged if:

• you are a student driver or probationary (GDL) driver and have any amount of alcohol or cannabis in your blood;
• your BAC is 0.05 to 0.079 (50 milligrams to 79 milligrams of alcohol per 100 millilitre of blood);
• you are suspected of being impaired by drugs or alcohol; or
• you refuse to give a requested breath or fluid sample.

Last Reviewed: June 2019

If you get pulled over, a police or peace officer can request:

• a Standardized Field Sobriety Test from any driver they reasonably suspect has consumed a drug (including cannabis); or
• a breath sample from anyone they reasonably suspect has consumed alcohol.

If the police or peace officer believes your ability to operate a vehicle is impaired by a drug or alcohol, they can ask for a Drug Recognition Evaluation, blood sample, or breath test, as appropriate.

If the sample shows drugs or alcohol are present, you will have to immediately surrender your driver’s license. You have a right to request a second test to verify the presence of drugs or alcohol. If the second test does not indicate the presence of drugs or alcohol, then your license will be returned to you.

If the second test indicates the presence of drugs or alcohol or a combination of the two, or if you choose not to request a second test, then the police or peace officer will serve you with the appropriate penalty.

Last Reviewed: June 2019

If you refuse to provide a breath or fluid sample, you can also be punished under the Alberta Administrative License Suspension Program. The penalty depends on whether or not this is your first offence and includes an immediate 90-day license suspension or a one-year driving suspension, and a multi-day vehicle seizure. See the next question for more information on penalties.

As well, the law in Canada changed on December 18, 2018 so that a police officer can request a breath test for blood alcohol concentration from any driver they lawfully stop. Police no longer need reasonable grounds to suspect impairment before requesting a breath sample. If you refuse to provide a breath sample, then you can be charged criminally with refusal to provide a sample.

Last Reviewed: June 2019

The penalty depends on your level of impairment and the class of license you hold. There are 4 impaired driving sanctions programs in Alberta:

• Alberta Administrative License Suspension Program – for drivers over the federal legal limits
• Alberta Zero Alcohol/Drug Tolerance Program – for student drivers or probationary (GDL) drivers
• Immediate Roadside Suspension Program – for drivers with a Blood Alcohol Concentration (BAC) of 0.05 to 0.079
• 24-Hour Suspension Program – for drivers suspected of impairment

For more information on each program, including punishments, visit https://www.alberta.ca/impaired-driving-laws-overview.aspx#toc-0

Last Reviewed: June 2019

Yes. Many medications cannot be taken before or while driving because they affect your ability to safely operate a vehicle. Medical cannabis is no exception. The limits and penalties described in the questions above still apply.

Last Reviewed: June 2019