VIANARCHRIS
Well-Known Member
Saskatoon defence lawyers suggest that, in the coming months, police and the courts are going to struggle mightily with the legalization of cannabis.
The new rules mean the players in the justice system are being asked to change decades of patterns of behaviours and beliefs.
"This idea that on October 17 a small enough amount in certain circumstances will not be illicit, that's a foreign concept to the justice system, it's a foreign concept to many police officers, it's certainly a foreign concept to us as defence lawyers," said Mark Brayford.
"There will be a significant transition period where it's unclear what will happen if you make a mistake and you're a cannabis user."
Chanss Lagaden/CBC News
These are the rules, according to the Department of Justice.
On Oct. 17, subject to provincial or territorial restrictions, adults who are 18 years of age or older will be able legally to:
"The police are going to stop people that have bought too much pot or are carrying too much pot or are carrying it inappropriately or so on. Yes, in some cases it can result in a regulatory type of offence that doesn't cause much difficulty," he said.
"But in other situations it's going to result in very serious criminal charges for someone that in no way, shape or form ever viewed themselves as a drug trafficker. Or ever intended to be a drug trafficker. And yet the full weight of the criminal law will be brought to bear on them."
According to Ottawa, someone caught possessing more than 30 grams in public could face a fine, or up to five years in prison. Similarly, someone charged with illegal distribution or sale could face a fine – or up to 14 years in prison.
Determining whether someone is fined or faces something more serious is what's going to be worked out in the coming months and years, Brayford said.
He used the analogy of buying case of beer for a friend on the way to their house.
"If you go and buy an ounce of pot and then you make a mistake with that ounce of pot by selling it to a friend for money, not as a profit-generating exercise, just in the normal way that you might help out a friend," he said.
"You run the risk of being charged criminally with very serious offences that result in incarceration and criminal records and inadmissibility into the United States."
A driving concern" style="margin-bottom: 1em; color: rgb(38, 40, 42); font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px;">A driving concern
One area that is under considerable scrutiny is how legal cannabis will mesh with current driving laws. The questions turn on what constitutes impairment when a user is behind the wheel.
The new rules mean the players in the justice system are being asked to change decades of patterns of behaviours and beliefs.
"This idea that on October 17 a small enough amount in certain circumstances will not be illicit, that's a foreign concept to the justice system, it's a foreign concept to many police officers, it's certainly a foreign concept to us as defence lawyers," said Mark Brayford.
"There will be a significant transition period where it's unclear what will happen if you make a mistake and you're a cannabis user."
Chanss Lagaden/CBC News
These are the rules, according to the Department of Justice.
On Oct. 17, subject to provincial or territorial restrictions, adults who are 18 years of age or older will be able legally to:
- Possess up to 30 grams of legal cannabis, dried or equivalent in non-dried form in public.
- Share up to 30 grams of legal cannabis with other adults.
- Buy dried or fresh cannabis and cannabis oil from a provincially-licensed retailer.
- In provinces and territories without a regulated retail framework, individuals would be able to purchase cannabis online from federally-licensed producers.
- Grow, from licensed seed or seedlings, up to 4 cannabis plants per residence for personal use.
- Make cannabis products, such as food and drinks, at home as long as organic solvents are not used to create concentrated products.
"The police are going to stop people that have bought too much pot or are carrying too much pot or are carrying it inappropriately or so on. Yes, in some cases it can result in a regulatory type of offence that doesn't cause much difficulty," he said.
"But in other situations it's going to result in very serious criminal charges for someone that in no way, shape or form ever viewed themselves as a drug trafficker. Or ever intended to be a drug trafficker. And yet the full weight of the criminal law will be brought to bear on them."
According to Ottawa, someone caught possessing more than 30 grams in public could face a fine, or up to five years in prison. Similarly, someone charged with illegal distribution or sale could face a fine – or up to 14 years in prison.
Determining whether someone is fined or faces something more serious is what's going to be worked out in the coming months and years, Brayford said.
He used the analogy of buying case of beer for a friend on the way to their house.
"If you go and buy an ounce of pot and then you make a mistake with that ounce of pot by selling it to a friend for money, not as a profit-generating exercise, just in the normal way that you might help out a friend," he said.
"You run the risk of being charged criminally with very serious offences that result in incarceration and criminal records and inadmissibility into the United States."
A driving concern" style="margin-bottom: 1em; color: rgb(38, 40, 42); font-family: "Helvetica Neue", Helvetica, Arial, sans-serif; font-size: 15px;">A driving concern
One area that is under considerable scrutiny is how legal cannabis will mesh with current driving laws. The questions turn on what constitutes impairment when a user is behind the wheel.
oh thats gonna fuck em hard and fast!
