Driving after magic mushrooms in Ontario: the federal rule and provincial penalties

Is driving on shrooms a DUI? “DUI” is an American term. In Canada the offence is impaired driving, and it sits in Part VIII.1 of the Criminal Code. This guide sets out the federal rule for psilocybin, how police test for drugs and the court penalties, then what Ontario adds under its Highway Traffic Act. It reports law. It does not predict what would happen in any case.

Is driving on shrooms a criminal offence in Canada?

Yes, it can be. Section 320.14(1) of the Criminal Code says everyone commits an offence who “operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug” (Criminal Code, s. 320.14). The words “to any degree” matter. The Crown does not have to show that someone was badly impaired, only that their ability was impaired to some degree.

“Operate” is defined widely. For a motor vehicle it means “to drive it or to have care or control of it”. A “conveyance” means a motor vehicle, a vessel, an aircraft or railway equipment (Criminal Code, s. 320.11). So the offence is not limited to cars on the road. Ontario’s driver’s handbook puts it plainly: “Your vehicle does not have to be moving; you can be charged if you are impaired behind the wheel, even if you have not started to drive” (MTO Driver’s Handbook).

Possession is a separate matter, covered in our guide to psilocybin penalties in Canada. The driving offences apply whether or not anyone is charged with possession, in every province (Criminal Code, s. 320.14).

What is the legal limit for psilocybin while driving?

There is no tolerance level. Section 320.14(1)(c) makes it a separate offence to have, “within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation” (Criminal Code, s. 320.14). This offence does not require proof of impairment.

The Blood Drug Concentration Regulations prescribe those levels. Section 2 lists ten drugs. For psilocybin (item 3) and psilocin (item 4), the prescribed concentration is “Any detectable level”. LSD, PCP, 6-monoacetylmorphine, ketamine, cocaine and methamphetamine are also set at any detectable level. THC and GHB have numeric limits instead (Blood Drug Concentration Regulations). The Department of Justice confirms that any detectable amount of psilocybin or psilocin within two hours of driving is prohibited (Department of Justice).

Why “any detectable level”? The government’s regulatory statement says those levels “were recommended by the DDC as any presence of these drugs in the body is inconsistent with safe driving”. The DDC is the Drugs and Driving Committee of the Canadian Society of Forensic Science, which the statement describes as the government’s scientific advisor on drugs and driving (Canada Gazette, Part II, 2018). We did not review the committee’s underlying report.

Section 320.14(6) sets out a narrow exception. No offence is committed under paragraph (1)(c) if the person consumed the drug after ceasing to operate the conveyance and, after ceasing to operate it, “had no reasonable expectation that they would be required to provide a sample of a bodily substance” (Criminal Code, s. 320.14). It does not apply to the impairment offence. How long psilocybin or psilocin stays detectable is a separate question, covered in how long shrooms stay in your system. None of our sources gives a time after which driving is safe or lawful, and nothing here should be read that way.

How do police test drivers for drugs such as psilocybin?

Roadside screening

Under section 320.27(1), if a peace officer has reasonable grounds to suspect that a person has a drug in their body and has operated a conveyance within the preceding three hours, the officer can demand that the person immediately perform physical coordination tests, provide a sample of a bodily substance for analysis by “approved drug screening equipment”, or both (Criminal Code, s. 320.27). The prescribed coordination tests are the standard field sobriety tests: the horizontal gaze nystagmus test, the walk-and-turn test and the one-leg stand test (Evaluation of Impaired Operation Regulations, s. 2).

Two devices are approved as drug screening equipment: the Dräger DrugTest 5000 and the Abbott SoToxa (Approved Drug Screening Equipment Order). The government’s regulatory statements say the Dräger device tests oral fluid for THC and cocaine (Canada Gazette, 2018), and that the SoToxa was recommended for the detection of THC. They also say that, to be approved in Canada, screening equipment “must detect one or more of THC, cocaine and methamphetamine” (Canada Gazette, 2019). The Department of Justice adds that oral fluid screeners cannot detect all impairing drugs and that police have other tools (Department of Justice, FAQ). We found no approved roadside screener described as detecting psilocybin or psilocin.

Drug recognition evaluations and blood samples

A roadside screener is not the only route. Under section 320.28(2), if an officer has reasonable grounds to believe a person drove while impaired by a drug, or committed a blood drug concentration offence, the officer can demand an evaluation by an “evaluating officer”, blood samples, or both (Criminal Code, s. 320.28). The evaluating officer must be a certified drug recognition expert accredited by the International Association of Chiefs of Police. The evaluation includes eye examinations, divided-attention tests and checks of vital signs and pupils (Evaluation of Impaired Operation Regulations, ss. 1 and 3).

If the evaluation gives the officer reasonable grounds to believe a type of drug is impairing the person, the officer identifies the type and can demand an oral fluid, urine or blood sample. The listed types include “a hallucinogen” (Criminal Code, s. 320.28(4) and (5)). The Department of Justice notes that blood samples are required to prove the blood drug concentration offences (Department of Justice, FAQ). Failing or refusing to comply with any of these demands without reasonable excuse is itself an offence (Criminal Code, s. 320.15).

What are the federal penalties, including mandatory minimums?

Impaired driving and the psilocybin blood drug offence fall under section 320.14(1), and section 320.19(1) sets the same penalties for both. They are hybrid offences, so the Crown can proceed by indictment or summarily. Unlike the drug possession offences, these sections still carry mandatory minimum punishments in the current consolidation (Criminal Code, s. 320.19).

Sources for the table: s. 320.19, s. 320.2 and s. 320.21. On top of any sentence, a court that finds someone guilty under section 320.14(1) or 320.15(1) “shall” order a driving prohibition. For a first offence it lasts one to three years, plus any prison term. For a second offence it is two to ten years, and for each later offence at least three years, again plus any prison term (Criminal Code, s. 320.24).

There is one route around the minimums. With the consent of the prosecutor and the offender, a court may delay sentencing so the offender can attend a treatment program approved by the province. If the offender completes it, the court is not required to impose the minimum punishment or the prohibition order, but it cannot grant a discharge (Criminal Code, s. 320.23). What courts actually impose in psilocybin driving cases is not something we sourced.

What happens to your licence in Ontario at the roadside?

Ontario adds administrative penalties under its Highway Traffic Act. They take effect at the roadside, without a conviction, and a person has “no right to be heard” before them. A suspension “does not constitute an alternative to any proceeding or penalty arising from the same circumstances”, so a criminal case can follow as well (Highway Traffic Act, ss. 48.0.1, 48.3 and 48.3.1).

• Short-term suspension (s. 48.0.1). If an officer, after physical coordination tests, reasonably believes a driver’s ability is impaired by a drug, the licence is suspended for 7 days for a first suspension, 14 days for a second and 30 days for a third or later. Suspensions more than 10 years old do not count (Highway Traffic Act).
• 90-day suspension (s. 48.3.1). If a driver has been evaluated by an evaluating officer under section 320.28(2) of the Criminal Code and the officer reasonably believes the driver was impaired by a drug, the licence is suspended for 90 days. The evaluating officer’s determination governs whether a short-term suspension continues or ends (Highway Traffic Act).
• 90-day suspension for refusal (s. 48.3). Failing or refusing a demand under section 320.27 or 320.28 to provide a sample of breath, blood, oral fluid or urine, perform coordination tests or submit to an evaluation also leads to a 90-day suspension (Highway Traffic Act).
• Vehicle impoundment (s. 48.4). When a 90-day suspension is triggered under section 48.3 or 48.3.1, the vehicle is impounded for seven days, at the owner’s cost and risk (Highway Traffic Act).

Ontario’s impaired-driving page lists what comes with these suspensions. For drivers who fail a standard field sobriety test, a first time brings a 7-day suspension, an 8-hour education course and a $250 penalty. For drivers who “perform poorly during a Drug Recognition Expert evaluation”, or who fail or refuse a testing demand, a first time brings an immediate 90-day suspension, a 7-day impoundment, an 8-hour education course and a $550 penalty. Repeat occurrences add a 16-hour treatment program, and a third adds an ignition interlock condition for six months. A licence reinstatement fee is charged each time (Ontario, Impaired driving).

What happens in Ontario after a criminal conviction?

Ontario’s page says some penalties changed on 1 July 2026. For a criminal conviction for impaired driving, it lists the following provincial consequences, in addition to the court’s fines and any jail time (Ontario, Impaired driving):

• First conviction: licence suspension of at least one year, a mandatory education or treatment program, and an ignition interlock device for at least one year.
• Second conviction within 10 years: suspension of at least three years, a mandatory program, and interlock for at least three years.
• Third conviction within 10 years: lifetime suspension, which may be reduced after 10 years if certain criteria are met, a mandatory program, interlock for at least six years and a mandatory medical evaluation.
• Fourth conviction within 10 years: lifetime suspension, with no possibility of reduction.
• Impaired driving causing death: lifetime suspension, which may be reduced after 25 years if certain criteria are met.

After the interlock condition is removed, the page says a driver is subject to a minimum six-month “P” condition, “meaning you must have no alcohol and no drugs in your system when you drive” (Ontario, Impaired driving). The remedial program is Back on Track, which the driver’s handbook describes as mandatory “for all drivers convicted of impaired, driving-related Criminal Code offences”. A suspended licence stays suspended until the remedial requirements are complete (MTO Driver’s Handbook).

The ignition interlock device itself is “an in-car alcohol breath screening device”, so it tests for alcohol, not drugs. Ontario applies the program to drivers convicted of an impaired driving offence under the Criminal Code, and to drivers suspended three or more times within 10 years for impaired driving (Ontario, Ignition Interlock Program). The page describes a reduced-suspension option, but only for first- or second-time offenders “convicted of alcohol impaired driving”.

What about young, novice and commercial drivers in Ontario?

Ontario has a zero-tolerance drug rule for some drivers. Section 44.2 of the Highway Traffic Act makes it a condition of the licence of every novice driver, and every young driver (under 22), “that there be no drug in his or her body, as indicated by approved drug screening equipment, while he or she is driving a motor vehicle on a highway”. There is an exception for drivers legally authorized to use a drug for medical purposes. On conviction, the fine is $60 to $500, and a young driver’s licence is suspended for 30 days (Highway Traffic Act, s. 44.2). Ontario’s page, covering G1, G2, M1 and M2 holders and drivers 21 and under, lists 7- to 30-day roadside suspensions, programs, penalties of $250 to $450 and a $60 to $1,000 fine on conviction, without separating alcohol from drugs (Ontario, Impaired driving).

Commercial drivers face their own zero-tolerance rule, with 3-day suspensions (Ontario, Impaired driving). Ontario’s cannabis page describes the zero-tolerance rule as applying to cannabis “as detected by a federally approved drug screening device” (Ontario, Cannabis and driving). How the rule applies to psilocybin is not clear from what we read (see below). Ontario’s page says young and novice drivers also “can face the impaired driving penalties like any other fully licenced drivers”.

What is still unsettled?

• Settled by the text: the section 320.14 offences, the “any detectable level” standard, the federal minimums and Ontario’s administrative suspensions, as of the dates above.
• How Ontario’s zero-tolerance drug condition applies to psilocybin. Section 44.2 ties it to what “approved drug screening equipment” indicates, and the regulatory definition in force is in a regulation we did not read. The federally approved screeners were approved for THC and cocaine (Canada Gazette, 2018; Canada Gazette, 2019) (unresolved).
• What courts actually impose in psilocybin driving cases, and how often these cases arise in Ontario. We found no figures specific to psilocybin (unresolved).
• The exact effect of the 1 July 2026 Ontario changes on someone whose offence date came earlier. Ontario’s pages mention transition rules (Ontario, Ignition Interlock Program); check them directly.
• How the law applies to any specific situation. That is a question for a lawyer.

Ontario’s own advice for avoiding impaired driving is to plan another way home, such as a designated driver, transit, a ride or staying overnight (Ontario, Impaired driving). For the wider legal picture, read whether magic mushrooms are legal in Ontario. For combined use, see mixing magic mushrooms with alcohol, cannabis and other drugs. Check the Justice Laws and e-Laws pages before relying on any figure here, because the law can change after the date above.

Shroomverse sells mushroom products. This article is general information about Canadian drug law. It is not medical, legal or purchasing advice, and it does not encourage anyone to use drugs.