Legalization hasn't meant a weed free-for-all — and these regulations and bylaws are tripping up Canadians
When recreational cannabis was legalized in Canada in 2018, some imagined the country would become a utopia for weed-lovers: Canadians could be sparking up doobs with impunity, drunk — or stoned — on the fact that they can do whatever they liked with the once-prohibited plant.
Not exactly. The Cannabis Act didn’t legalize cannabis in all its forms; it changed the way the plant was regulated. Thus, there are still a significant number of cannabis laws and bylaws that, when it comes to enforcement, range from largely frowned-upon by police to straight-up illegal – each with its own set of potential consequences.
Here’s a non-exhaustive list of weed-related offences that can land you in trouble post-legalization – and the subsequent penalties cannabis consumers or sellers may face if busted for bud.
Improper cannabis storage
Everyone knows that impaired driving is illegal, but similar to alcohol, there are very specific laws and restrictions pertaining to the storage of cannabis in a vehicle.
Even if you’re not smoking, rolling joints in the car, tossing roaches out of the window, improper storage of cannabis, and even smelling strongly of weed can be grounds for penalties ranging from stops to fines to charges.
The regulations for in-vehicle storage vary based on the province. In some regions such as Ontario, cannabis must be stored in a secure compartment, such as the trunk. In other provinces such as Alberta, it may be stored in the vehicle providing it is in a sealed container and/or out of the driver’s and/or passengers’ reach.
The exceptions are Quebec and New Brunswick, where there are no specific laws governing how cannabis for personal use must be stored in a vehicle. And in Saskatchewan, cannabis may be carried in the vehicle providing it is not being ingested.
In Newfoundland and Labrador, designated drivers risk facing charges if any passenger is rolling joints in the vehicle (although there are some exemptions for paid taxi and bus drivers).
Do not pass the dutchie in the car, to neither the left nor the right hand side. Photo: Ben Harding/Getty Images
Driving while impaired
While driving impaired is a clear risk to your life and others, the way police forces are evaluating impairment as a result of cannabis consumption is considerably more complex.
Roadside testing devices depend on saliva samples to screen for the presence of THC and other drugs — they do not test for impairment. And THC metabolites can be detectable in bodily fluids for months after consumption, particularly in frequent consumers.
To further complicate the matter, several studies have indicated that results provided by testing devices used by police are inaccurate, and may be triggered after ingesting substances as benign as poppyseed cake, per two B.C. lawyers.
While makers of roadside testing devices such as the DraegerTest 5000 stand by the efficacy of their products, Canada has yet to approve a device that can accurately deduce impairment.
A Nova Scotian medical cannabis consumer with multiple sclerosis says she learned this lesson the hard way. Michelle Gray says she was pulled over for a routine traffic check just over a year ago. She was unconcerned, as she had not consumed for at least six hours before getting behind the wheel, but a roadside screening device gave a positive result for THC. She was arrested and taken to a Halifax police station where she easily passed a more intensive sobriety test. No charges were laid, but she missed several days of work and had to pay $300 to retrieve her car. She is now challenging the law in court.
Fortunately, less invasive sweat tests that can accurately assess impairment — as opposed to the mere presence of THC metabolites — may be on the horizon.
FILE – A U.S. Border Patrol agent walks to his vehicle on patrol along the Canadian border near the border crossing point at Pittsburg, New Hampshire. Photo by Joe Raedle/Getty Images
Bringing weed across the border
Bringing cannabis across the border — into or out of Canada – is strictly verboten in the eyes of the law.
But wait: What if the cannabis is for medical use, or maybe the flight unexpectedly diverted to the U.S.? Doesn’t matter. Travelling between Canada and a state where cannabis is legal? It still doesn’t matter.
There are zero exceptions to this rule, as a remote community in New Brunswick recently discovered. Residents of Campobello island — which is accessible exclusively by a bridge attached to the U.S. mainland for some months of the year — reported that American customs officials have been opening and searching their Canada Post mail. Cannabis NB has since issued a temporary moratorium on delivering to Campobello, leaving island residents dry (and not high) when it comes to accessing legal weed.
If travellers are caught by U.S. Customs and Border Protection attempting to enter the country with cannabis, they may face a lifetime ban from the U.S. – in fact, even working, disclosing that you’ve ever tried cannabis, or investing in the cannabis industry can earn individuals such a ban.
A house representative introduced the MAPLE Act of 2018 just over a year ago, a proposed bill that would protect non-U.S. citizens from being penalized at the border for working in the cannabis industry. However, the Bill has made little progress since introduced.
FILE – It was a busy opening day for Ottawa licensed cannabis shop, Superette, located on Wellington St in Ottawa. Photo by Jean Levac/Postmedia
When recreational cannabis was legalized in Canada in 2018, some imagined the country would become a utopia for weed-lovers: Canadians could be sparking up doobs with impunity, drunk — or stoned — on the fact that they can do whatever they liked with the once-prohibited plant.
Not exactly. The Cannabis Act didn’t legalize cannabis in all its forms; it changed the way the plant was regulated. Thus, there are still a significant number of cannabis laws and bylaws that, when it comes to enforcement, range from largely frowned-upon by police to straight-up illegal – each with its own set of potential consequences.
Here’s a non-exhaustive list of weed-related offences that can land you in trouble post-legalization – and the subsequent penalties cannabis consumers or sellers may face if busted for bud.
Improper cannabis storage
Everyone knows that impaired driving is illegal, but similar to alcohol, there are very specific laws and restrictions pertaining to the storage of cannabis in a vehicle.
Even if you’re not smoking, rolling joints in the car, tossing roaches out of the window, improper storage of cannabis, and even smelling strongly of weed can be grounds for penalties ranging from stops to fines to charges.
The regulations for in-vehicle storage vary based on the province. In some regions such as Ontario, cannabis must be stored in a secure compartment, such as the trunk. In other provinces such as Alberta, it may be stored in the vehicle providing it is in a sealed container and/or out of the driver’s and/or passengers’ reach.
The exceptions are Quebec and New Brunswick, where there are no specific laws governing how cannabis for personal use must be stored in a vehicle. And in Saskatchewan, cannabis may be carried in the vehicle providing it is not being ingested.
In Newfoundland and Labrador, designated drivers risk facing charges if any passenger is rolling joints in the vehicle (although there are some exemptions for paid taxi and bus drivers).
Do not pass the dutchie in the car, to neither the left nor the right hand side. Photo: Ben Harding/Getty Images
Driving while impaired
While driving impaired is a clear risk to your life and others, the way police forces are evaluating impairment as a result of cannabis consumption is considerably more complex.
Roadside testing devices depend on saliva samples to screen for the presence of THC and other drugs — they do not test for impairment. And THC metabolites can be detectable in bodily fluids for months after consumption, particularly in frequent consumers.
To further complicate the matter, several studies have indicated that results provided by testing devices used by police are inaccurate, and may be triggered after ingesting substances as benign as poppyseed cake, per two B.C. lawyers.
While makers of roadside testing devices such as the DraegerTest 5000 stand by the efficacy of their products, Canada has yet to approve a device that can accurately deduce impairment.
A Nova Scotian medical cannabis consumer with multiple sclerosis says she learned this lesson the hard way. Michelle Gray says she was pulled over for a routine traffic check just over a year ago. She was unconcerned, as she had not consumed for at least six hours before getting behind the wheel, but a roadside screening device gave a positive result for THC. She was arrested and taken to a Halifax police station where she easily passed a more intensive sobriety test. No charges were laid, but she missed several days of work and had to pay $300 to retrieve her car. She is now challenging the law in court.
Fortunately, less invasive sweat tests that can accurately assess impairment — as opposed to the mere presence of THC metabolites — may be on the horizon.
FILE – A U.S. Border Patrol agent walks to his vehicle on patrol along the Canadian border near the border crossing point at Pittsburg, New Hampshire. Photo by Joe Raedle/Getty Images
Bringing weed across the border
Bringing cannabis across the border — into or out of Canada – is strictly verboten in the eyes of the law.
But wait: What if the cannabis is for medical use, or maybe the flight unexpectedly diverted to the U.S.? Doesn’t matter. Travelling between Canada and a state where cannabis is legal? It still doesn’t matter.
There are zero exceptions to this rule, as a remote community in New Brunswick recently discovered. Residents of Campobello island — which is accessible exclusively by a bridge attached to the U.S. mainland for some months of the year — reported that American customs officials have been opening and searching their Canada Post mail. Cannabis NB has since issued a temporary moratorium on delivering to Campobello, leaving island residents dry (and not high) when it comes to accessing legal weed.
If travellers are caught by U.S. Customs and Border Protection attempting to enter the country with cannabis, they may face a lifetime ban from the U.S. – in fact, even working, disclosing that you’ve ever tried cannabis, or investing in the cannabis industry can earn individuals such a ban.
A house representative introduced the MAPLE Act of 2018 just over a year ago, a proposed bill that would protect non-U.S. citizens from being penalized at the border for working in the cannabis industry. However, the Bill has made little progress since introduced.
FILE – It was a busy opening day for Ottawa licensed cannabis shop, Superette, located on Wellington St in Ottawa. Photo by Jean Levac/Postmedia
