On October 16, 2018, the federal government is expected to legalize the use of marijuana. While Bill C-45 is a federal law, each province will have to decide how cannabis will be sold, used, policed and how abuse of marijuana will be punished.
There is much concern within the general public that the legalization of cannabis will lead to an increase in motor vehicle accidents. Many people feel that marijuana use does not affect their ability to drive. This is just wrong. Marijuana use is second only to the use of alcohol as a leading cause of automobile accidents. "Drugged driving" has been found to result in more driving fatalities.
The Canadian Automobile Association conducted a study to raise awareness of the dangers of drug impaired driving. It found that 77% of those surveyed were concerned about road safety following the legalization of marijuana. Moreover, 72% perceived that cannabis users drove worse than sober drivers. However, alarmingly, 17% felt that cannabis users preformed the same or even better than sober drivers.
An estimated 1.4 million Ontarians have driven while under the influence of cannabis. Just over one-third of those surveyed have used marijuana before driving in the past three months. This is very concerning as it means there is almost 5,400 drivers on Ontario roads daily under the influence of marijuana. Yet, as of May, only 733 officers had completed specialized training to detect those driving under the inference of marijuana nationwide. At the current rate of training, only 2,000 law enforcement officers will be trained to detect cannabis use in the next 5 years.
There is no equivalent to the "breathalyzer test" for marijuana use and consumption of cannabis is not necessarily obvious. While there is a noticeable smell when it is smoked, if a vaporizer is used the scent is not nearly as pronounced. THC, the psychoactive component of marijuana, can also be consumed in candy form, baked into cookies or "brownies," or added to other food. Its effects also vary from person to person. Marijuana use reduces blood pressure and causes blood vessels to enlarge, leading to blood shot eyes. But there can be many other reasons for blood shot eyes or mumbled speech. So, how can the abuse of cannabis and the operation of a motor vehicle be discouraged and punished?
The CAA is working with all level of governments to ensure that the legalization of marijuana does not lead to carnage on the province's roadways. In fact, the Ontario Government recently toughened its laws with respect to impaired drivers using both alcohol and cannabis. The Province will have a zero tolerance policy towards novice and commercial drivers who use cannabis, and the penalties for marijuana impaired driving will be the same as for drunk driving.
Nevertheless, as marijuana legalization becomes a reality, we in the legal community will be paying close attention to how well these regulations, enforcement and penalties work. As personal injury lawyers, we will be especially interested to see if serious accidents mount if marijuana use increases.
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