Section 320.14(1) of the Criminal Code makes it an offence to operate a conveyance while one’s ability to operate it is impaired to any degree by alcohol, a drug or a combination. It is also an offence to have, within two hours after driving, a blood drug concentration at or above the level prescribed by regulation (Justice Laws, Criminal Code s. 320.14).
The Blood Drug Concentration Regulations set those levels. Psilocybin and psilocin are listed with a prescribed concentration of “any detectable level”, as are LSD, ketamine and several other drugs (Justice Laws, Blood Drug Concentration Regulations). THC, by contrast, has a numeric limit.
Two routes therefore exist: proof of impairment, or proof of a blood level, and neither depends on how a person feels. Provinces add their own licence suspensions and other measures on top of the federal offence. This describes the law; it is not legal advice.
General information, not legal advice.
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