Police ask feds to postpone date for legal pot...

[Murphy]

That too.

 

[petros]

Yes, but for the police, what constitutes a legal reason for taking someone into custody who is suspected of having too much ganja? You can detain anyone who might be a danger to themselves and others, but new laws mean modified ways of how they are to do their jobs.

The law will have to be amended (if it hasn't already) that effective 1 Jul, anyone suspected of being under the influence of cannabis will be dealt with as follows: insert amendment(s) here.

You can bet that defense lawyers are already researching the law. How do they get their clients off? It's that back and forth we see that plays out with the courts and the police.

Legal reason is the Criminal Code that says you can't drive impaired by alcohol or drugs.

253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

Marginal note:For greater certainty

(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59; 2008, c. 6, s.

 

[Murphy]

We have TB here to advise on the fine points of new law, or specifically, how they impact existing law. I am not a lawyer, but I believe the upcoming pot law will mean amendments to existing 'driving under the influence' legislation.

For example, for drivers that have had excessive amounts of alcohol, there is a danger of death by alcohol poisoning. For this reason, hey go to the horse pistol first. Can you smoke so much pot that there is a danger of poisoning? When does a police officer take someone to the hospital first, instead of jail?

I am sure there are other situations that must be addressed.

 

[petros]

You can't OD on pot.

They already have a number of nanograms of THC per ml in mind for the "stoned threshold" and refusing a blood sample or high on something other than weed is an idictable offense.

 

[lone wolf]

Licensed producers.

July 1 you can grow 4 plants legally.

Question is; "will it be grown safely and without kids getting access?"

Thanks.... Heard the story. Wanted to hear from the proposal maker

 

[Murphy]

Many of you will find this an interesting read.

https://www.canada.ca/en/services/policing/justice/legalization-regulation-marijuana.html

 

[PoliticalNick]

They have equipment, similar to a breathalyzer, but there aren't many officers trained on how to use it. Like breathalyzers, the mary-meter requires training and certification.

I was chatting with some OPP friends and they tell me that most users do not know how the law will impact them. They are unaware of legal requirement for testing, under what circumstances police can demand that they take the test, and what will happen if they fail to comply.

For the police, their responsibilities have not been clearly outlined. It's new legislation, and one cannot simply say the law will work in the same way as it does for alcohol.

I will gladly provide any samples my lawyer tells me to AFTER I talk to him.....he'll be busy til noon tomorrow...thx for playing!

 

[Murphy]

It doesn't quite work that way.

I agree with Pete, but there's more coming. While there is legislation in place now that governs civil responsibility and police powers wrt ganja, the police are pointing out that they need time to prepare for the changes coming into effect next summer.

 

[Scooby]

The police are as ready as they are going to get. Trying to plan for what might happen is a tricky and expensive endeavour. Given that they have pretty much stopped most enforcement on pot, what exactly do they plan to do when it is legal?

I think those that want to smoke pot these days already do. Also, I doubt the "high"ways will fill up with stoners because unlike being drunk, driving while you're really stoned is no fun whatsoever.

 

[Murphy]

If that is the case, they will have to be told that their request is denied.

I believe that we will see some mistakes made by the police in the first months after legalization. Whether they could have been presented by better preparation won't be known until next year. Then the finger pointing will start. Of course, that can only happen if people are illegally detained or charges are improperly laid.