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Being charged with impaired by drug (cannabis) is confusing, frustrating, and often feels unfair. Most of our clients are not reckless drivers. They are people who vape legally, take cannabis to manage pain or anxiety, or use edibles socially and responsibly. Some have medical authorizations. Some don’t feel impaired at all, yet now face criminal charges because of how THC remains detectable in the body long after the effects have worn off.

Under section 320.14 of the Criminal Code, there are two ways cannabis-related driving charges can arise:

  • One is based on observed impairment, through roadside sobriety tests or a Drug Recognition Evaluation (DRE).
  • The other is based entirely on blood THC levels, even when there are no signs of impairment.

This area of law is scientifically controversial. THC is absorbed and metabolized differently by each person. Unlike alcohol, it can remain in your blood or urine for days or weeks after use. The law imposes fixed limits—2 nanograms per millilitre for a summary offence and 5 nanograms or more for a hybrid criminal charge—but these numbers have never been scientifically proven to correlate with actual impairment. These limits were set arbitrarily during the cannabis legalization process to address political concerns, not based on conclusive medical evidence.

Our firm takes these cases seriously. Every file is reviewed by a former DRE trainer, who examines the investigation for procedural flaws, misapplied indicators, and unreliable testing methods. Mr. Avery is one of the only Canadian lawyers who holds membership in both the American National College for DUI Defense and the DUI Defense Lawyers Association, as well as the Canadian Criminal Lawyers’ Association. That combination of North American training and local experience gives our clients a distinct advantage in the courtroom.

DUI by drug (cannabis) charges may be laid on their own or in combination with other driving related offences such as dangerous driving. Regardless of the underlying facts, the consequences are serious: a criminal record, mandatory driving prohibition, and in some cases, fines or jail. In Ontario, if you are convicted of impaired by cannabis, you have to complete the alcohol ignition interlock program, despite no alcohol being alleged. And, a cannabis-related conviction results in an automatic, mandatory, and presumptively lifetime ban from entering the United States, even if the cannabis was legally used in Canada.

These cases are complex, but they are also defendable. If you have been charged, talk to a lawyer who understands the science, the politics, and the reality of how people use cannabis today. We offer a complimentary case review and provide clear, practical guidance on your next steps.

With serious penalties on the line, you owe it to yourself to get proper legal advice and build a strong defence.

Call now 1-877-497-3927

Schedule a FREE assessment

Every successful defence begins with a clear plan. With over two decades of experience, we’ve developed a proven four-step case assessment process that guides you from uncertainty to resolution with confidence and clarity.

OUR LEGAL ASSESSMENT PROCESS

1

COMPLIMENTARY ASSESSMENT

This is a full hour-long consultation, not a sales pitch. We take the time to understand you, not just the charge. We’ll talk through what happened, how you're doing, what the court process will look like, the potential outcomes, defence costs, and your most pressing questions. You’ll leave the call with a clear roadmap and the confidence of knowing what happens next.

2

Intake and Set-Dates

Once you’ve hired us, we take over the administrative burden. We’ll obtain all police disclosure and appear at every set-date court appearance on your behalf, so you don’t have to miss work or worry about procedure. Behind the scenes, we’re already reviewing your file and preparing for the real fight ahead.

3

Analysis and Pre-Trials

Our entire team meets to analyze the disclosure, identify viable defences, and research the legal and factual issues in your case. We consult with you before engaging the Crown, either to set a trial date or negotiate a resolution that protects your future. You’re kept in the loop, but we carry the legal weight for you.

4

Hearing Date

This is where it all comes together—either in trial or in resolution. Mr. Avery will be in court beside you, fully prepared to protect your rights and secure the best possible outcome. Whether we’re arguing for an acquittal or negotiating final terms, your case is in the hands of an experienced advocate who knows how to win.

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