Cannabis is now legal in Canada! What’s still illegal? (Part IV)

Things that are still criminal after the legalization of cannabis in Canada

As of October 17th, 2019, Bill C-45 (Also known as the Cannabis Act) came into effect, legalizing the recreation sale and use of cannabis products in Canada. Indeed, Canada is now the largest legal marketplace for cannabis in the world! That being said, there are still plenty of things surrounding cannabis use in Canada that are still illegal.

From our article last week, we continue to explore things related to cannabis that are still illegal in Canada:

Sale of cannabis products without a licence.

Not just anyone can sell cannabis products – only those with authorization in the form of a provincial/territorial licence may do so. These are not easy to obtain and are tightly regulated. That being said, it’s perfectly legal to share your cannabis products free of charge. You’re allowed to give away up to 30 grams of dried cannabis at a time to another adult. The interpretation of this restriction gets a little fuzzy though when it comes to delineating ‘selling’ and ‘distributing’. Say you’re at a legal cannabis store and want to buy some cannabis for a friend – you’re certainly allowed to give it to that friend free of charge (so long as they are an adult and the total amount of dried cannabis is under 30 grams), but are they allowed to pay you back for it? Even though you are not making a profit from the transaction, the law is unclear on this.

Distributing cannabis through the mail.

If you’d like to legally give away some cannabis to a friend, make sure to do it in person. It’s currently illegal to send cannabis by mail without a special permit to do so.

Distributing cannabis to an organization.

While you can certainly give away cannabis to individuals (within legal limits), organizations may not purchase or possess cannabis without a licence.

*If you’re in need of a Criminal Lawyer in Edmonton, click here.

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Cannabis is now legal in Canada! What’s still illegal? (Part III)

Things that are still criminal after the legalization of cannabis in Canada

As of October 17th, 2019, Bill C-45 (Also known as the Cannabis Act) came into effect, legalizing the recreation sale and use of cannabis products in Canada. Indeed, Canada is now the largest legal marketplace for cannabis in the world! That being said, there are still plenty of things surrounding cannabis use in Canada that are still illegal.

Continuing from our previous article, we explore several things related to cannabis that are still illegal in Canada:

Distribution of Cannabis to minors.

Careful who you pass that joint to! It is still illegal to provide cannabis products to those under the provincial/territorial age of majority (18 in Alberta and Quebec, 19 in all other provinces and territories. Note that this says ‘provide’ and not ‘sell’. If you’re of the minimum age of majority and share cannabis products with a younger friends, you could face criminal charges punishable by up to 14 years in prison! Minors found carrying less than 5 grams of dried cannabis will not be criminally charged, but will be subject to seizure of the cannabis, notification of their parents/guardians, and could face penalties similar to underage possession of alcohol or tobacco.

Driving with a blood THC content greater than 2ng/ml

You may have seen signs posted recently that read “drunk or, same rules apply” That’s because, much like restrictions on alcohol consumption while operating a vehicle in an effort to stop drunk driving, there are new laws specifically addressing blood THC content restrictions to curb those that might be driving while high. If you’re caught driving with a blood THC content greater than 2ng/ml, you could be charged with impaired driving – now considered a ‘serious criminal offense’ in Canada with the passing of Bill C-46. Click here to read more about these new laws regarding cannabis use and driving in one of our earlier series of articles.

*If you’re in need of a Criminal Lawyer in Edmonton, click here.

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Using cannabis and driving? Learn more about Bill C-46 (Part III)

Where there’s smoke there’s uncertainty: Details of Bill C-46

Today, as a continuation of our last article, we conclude our series on the legislation introduced by Bill C-46 with a discussion on the currently approved testing equipment.

The recently passed Bill C-46 amends laws in the Canadian Criminal Code pertaining to impaired driving offenses, in response to the upcoming legalization of Cannabis in a few weeks. The federal laws Bill C-46 amends will come into effect this December, but many lawyers have raised concerns that this overhaul of impaired driving laws may in fact be unconstitutional in that it opens up a real possibility of criminal charges being laid on sober drivers.

In this series of articles, we explored some of the issues Bill C-46 creates that you ought to be aware of.

Problems with actually measuring THC roadside.

Unlike testing for a driver’s blood alcohol content by using a breathalyzer roadside, driver’s blood THC levels will be measured with a saliva sample via a mouth swab. The most recent device for analyzing saliva samples that has been approved is the “Drager DrugTest 5000”. This equipment will be made available to local authorities all over the country, but local police forces will ultimately decide on what equipment they wish to use.

Although these saliva-screening devices have proven to be accurate and effective in the lab, they do have a fairly large problem when used roadside: they are likely to register false-positives when they get cold.

The optimal working temperature range for the Drager DrugTest 5000 is 4-40°C. While this isn’t a huge concern in more temperate parts of the country, this could prove to be an issue during our famously long and cold Canadian winters – especially in the prairie provinces and territories. This opens up the possibility that sober drivers who have never consumed cannabis products could face criminal charges if testing temperature conditions fall outside this range.

Furthermore, as we mentioned in our first article of this series, there is no scientifically agreed upon blood THC level to definitively indicate impairment. As such, these devices only quantify a certain metabolite produced by the body’s breakdown of THC to accurately estimate  blood THC levels – not actual impairment. In a statement released with the draft of the legislation Bill C-46 introduces, Ottawa indicated that the low level offense of having a THC blood concentration of 2-4ng/mL, was not created as a means to link a driver to impairment, but rather as a “precautionary or crime prevention approach”.

*If you’re looking for a criminal lawyer in Edmonton, click here.

*If you’ve been charged with a DUI and need a lawyer in Edmonton, click here.

The post Using cannabis and driving? Learn more about Bill C-46 (Part III) appeared first on Right Legal.

Using cannabis and driving? Learn more about Bill C-46 (Part II)

Where there’s smoke there’s uncertainty: Details of Bill C-46

In our last article, we started exploring certain issues with the recently passed Bill C-46, which makes amendments to laws in the Canadian Criminal Code pertaining to impaired driving offenses, in response to the upcoming legalization of Cannabis in a few weeks.

The federal laws Bill C-46 outlines will come into effect this December, but many lawyers are now raising concerns that its amendments may be unconstitutional. Furthermore, many are worried that Bill C-46 opens up the real possibility of criminal charges being laid on sober drivers.

In this series of articles, we explore issues Bill C-46 creates that you ought to be aware of.

Increased powers for police.

Beyond just addressing specific concerns regarding cannabis use and impaired driving, amendments within Bill C-46 provide a blanket increase to police powers. As the law currently stands, police may stop any driver to ensure they are sober. If police have ‘reasonable suspicion’ that a driver is impaired, they may demand a driver submit to a roadside breathalyzer test to determine approximate blood alcohol content. The standard for ‘reasonable suspicion’ is fairly low and may be met with any of the following:

• Erratic or unsafe driving
• Open alcohol containers within the vehicle
• Detection of the odour of alcohol on a driver’s breath
• Bloodshot eyes
• Slurring of speech and other altered behaviors
• A driver’s admission to drinking alcohol

These indications are fairly easy to spot – even by a lay-person, let alone a trained and experienced police officer. Bill C-46 expands these police powers in that ‘reasonable suspicion’ is no longer required. As of December 18th, 2018, police officers across Canada will be able to stop any driver and demand they submit to roadside testing for impairment.

Lawyers are now questioning the implications of this increase in unrestricted police power. Many argue that the current ‘reasonable suspicion’ standard is flexible and effective. Allowing police to demand samples from anyone without any cause for suspicion opens doors for discrimination (such as racial profiling).

Furthermore, protection from ‘unreasonable search and seizure’ is outlined in the Canadian Charter of Rights and Freedoms. As such, some are now arguing that the amendments in Bill C-46 that remove this ‘reasonable suspicion’ standard (effectively granting police powers to compel a sample from anyone for no reason whatsoever) are outright unconstitutional. In essence, Bill C-46 removes the right to refuse to comply to a police demand that a person produce a sample of either their breath or saliva. Frustrated or rushed sober drivers ignorant of this could, as a result, face criminal charges.

*If you’re looking for a criminal lawyer in Edmonton, click here.

The post Using cannabis and driving? Learn more about Bill C-46 (Part II) appeared first on Right Legal.

Using cannabis and driving? Learn more about Bill C-46 (Part I)

Where there’s smoke there’s uncertainty: Details of Bill C-46

Though we’re often told that ignorance of the law is no excuse for breaking it, Canadians might be excused (from at least a practical standpoint, if not a legal one) for not fully understanding Bill C-46, and unknowingly suffer the risk of facing criminal charges.

*If you’re facing a DUI charge and need a lawyer in Edmonton, Click here.

Bill C-46 was given Royal Assent on Jun 21st, 2018 and its comprehensive revision of the Criminal Code for impaired driving offenses in response to the upcoming legalization of Cannabis in a few weeks. The federal laws Bill C-46 outlines will come into effect this December, but many lawyers have concerns that this overhaul of impaired driving laws may in fact be unconstitutional in that it may result in criminal charges being laid on sober drivers.

In this series of articles, we explore issues Bill C-46 creates that you ought to be aware of.

Blood THC levels above 2ng/mL will become criminal for drivers.

Bill C-46 restricts the permissible amount of THC (the main psychoactive compound in cannabis) drivers may have in their system (much like the current laws regarding blood alcohol level limits). Come December, drivers caught with a THC level between 2 and 4 nanograms (ng) /millilitre (mL) of blood will face a summary conviction and a fine of up to $1,000. Drivers found with a blood THC level of 5ng/mL or more face a hybrid offense (a summary conviction and indictable criminal offence) and, depending on the severity, jail time of up to 10 years in addition to a heftier fine.

There is a problem with this 2ng/mL cut-off, however, in that it’s not really backed by science. Some toxicologists and pharmacologists have indicated that THC levels can, in some cases, have little impact on a person’s driving ability: Unlike alcohol, which is processed in a reliable, time-dependent fashion from the body without being retained, THC is a fat-soluble compound that can remain stored in a person’s fat cells for a significant period of time without resulting in impairment. As such, THC can be released into the bloodstream long after consuming cannabis – especially during periods of fasting or weight-loss.

This makes making guidelines difficult for how long you should wait after consuming cannabis before driving, from either a legal or a practical impairment standpoint. It depends on the concentration and amount of cannabis used (there is currently no metric of what a ‘dose’ is like there is for alcohol), how often you consume it, as well as your individual physiology and genetics. As a result, not even experts could precisely tell you when you’re legal to drive after use, especially if you’re a regular user. Indeed, a study has shown that for up to seven days following using marijuana, two nanograms of THC can remain in a person’s blood.

The consequences of this wide variation and uncertainty means Bill C-46 has created instances where functionally sober cannabis users may be subject to criminal charges.

*Read more about how a DUI charge can affect your life.

The post Using cannabis and driving? Learn more about Bill C-46 (Part I) appeared first on Right Legal.