A woman takes a puff from a cannabis vape pen in Los Angeles on Dec. 22, 2018. THE CANADIAN PRESS/AP/Richard Vogel

A woman takes a puff from a cannabis vape pen in Los Angeles on Dec. 22, 2018. THE CANADIAN PRESS/AP/Richard Vogel

‘Sky didn’t fall:’ Police, lawyers still adjusting after pot legalization

Statistics Canada says 541 people were charged under the federal Cannabis Act between Oct. 17, 2018 and the end of the year

Police, lawyers and advocates say that one year into cannabis legalization, Canada has a long way to go toward stamping out the black market and pot-impaired driving.

“We can’t call it a success at this point,” Chief Const. Mike Serr of the Abbotsford, B.C., police department said of the law change a year ago Thursday.

He said organized crime’s market share and youth consumption have not yet fallen, and tools to detect stoned drivers are still lacking.

But Serr, who also co-chairs the Canadian Association of Chiefs of Police drug advisory committee, said resources and workloads have not changed much.

“When you talk to chiefs all across the country, the sky didn’t fall.”

Statistics Canada says 541 people were charged under the federal Cannabis Act between Oct. 17, 2018 and the end of the year. That includes 190 people charged with various selling offences and 95 people charged with possessing illicit cannabis or more than 30 grams.

READ MORE: A year after pot legalization in Canada, it’s a slow roll

In the past year, Alberta and Manitoba have each issued more than 2,000 tickets under provincial laws, while in Ontario there have been more than 7,000 provincial charges.

Toronto cannabis lawyer Jack Lloyd said he’s been busy.

“We’re still criminalizing behaviour that is supposed to be legalized,” said Lloyd, adding most of his cases are for selling offences.

“We’ve got a long ways to go to make sure that we’ve got fair and sensible regulations, but cannabis is legal and we should be very proud of that,” said Lloyd.

“There’s some things that need to be cleaned up and improved. Sometimes you go to court for that. Sometimes you talk to government about that.”

Statistics Canada says just over four in 10 consumers reported purchasing at least some of their pot illegally.

“The cost of legal cannabis is still too high. Barriers for medical access are still too high. And access to high-quality cannabis is also being stymied,” said lawyer Harrison Jordan, who advises individuals and businesses on cannabis law.

Jordan said there’s no rhyme or reason to whether police will charge someone under provincial or federal legislation.

“Where a charging officer wants to send a message they’ll go with the federal criminal charges, as they carry more of a stigma and more of a weight.”

But Serr said officers are generally aiming to change behaviour with the less onerous provincial charges.

Jordan said he’s heard from a lot of people slapped with $200 tickets for having cannabis readily available in a vehicle when they had it in a closed bag, which is allowed under Ontario’s law.

When they learn how much a lawyer will cost, they typically opt to pay the fine, he said.

READ MORE: Off-duty cop spots cannabis growing during Revelstoke garden tour

Andrew Murie, CEO of Mothers Against Drunk Driving Canada, said cannabis-impaired driving was a problem long before legalization and it’s unclear whether it has improved or worsened.

He said he’s glad federal impaired driving laws have been updated, but the rollout of saliva testing devices has been too slow.

“Police officers have been out there saying they’ve seen no problems since legalization. Well, they haven’t had the tools. They haven’t had the training,” said Murie.

“I think it’s there. They’re just not seeing it.”

Serr said there are more than 1,100 drug recognition experts now working across Canada, up more than 300 from a year ago.

Vancouver impaired driving lawyer Kyla Lee said fears that legal cannabis would lead to a surge in impaired driving do not seem to have materialized.

There was an uptick in some U.S. states after they legalized pot, but Lee said that was likely due to the fact that edibles — with their stronger, longer high — came on the market there right away. In Canada, there has been a year-long wait, with edibles and other cannabis derivitives becoming legal Thursday.

Lee said Canada’s amended impaired driving law is problematic because the presence of cannabis in someone’s system is not a valid measure of impairment.

“I think there was really a bogeyman of cannabis-impaired driving that was sold to pass these laws.”

Lee said there have been few cannabis-impaired driving charges and she suspects the tests aren’t more widely used because police and prosecutors are still skeptical of the science and wary of going to court.

“They don’t want to engage in a course of conduct … that might lead to a finding that the law’s unconstitutional and jeopardize the ability to use those laws in more significant circumstances.”

READ MORE: Canadian company to launch low-cost cannabis product to undercut illicit sellers

Lauren Krugel, The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Over 5K jabbed at Interior Health mobile COVID-19 vaccine clinics

The clinics have made stops in more than 40 communities since launching last week

Provincial Health Officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
Interior Health COVID-19 cases falling slower than the rest of B.C.

More than a third of provincial cases announced Thursday came from the Interior

Students at Creston Valley Secondary School put together an art installation of a replica residential school room. (Photo by Kelsey Yates)
Creston students create art installation of residential school room

The replica was decorated with a small bed, school uniform, and notes written with pleas for help

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Second dose vaccinations accelerating throughout region: Interior Health

To date, more than 675,000 doses have been administered throughout the region

1914
It happened this week in 1914

June 13 - 19: Compiled by Dave Humphrey from the archived newspapers… Continue reading

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Bella Bella is on B.C.’s Central Coast, accessible only by air and ocean. (Tom Fletcher/Black Press)
B.C. provides $22 million for Heiltsuk development on Central Coast

Elders care home project, tourism, lumber mill supported

The federal government says it wants to ban most flavoured vaping products in a bid to reduce their appeal to youth. THE CANADIAN PRESS/AP-Craig Mitchelldyer
Health Canada proposes ban on most vaping flavours it says appeal to youth

If implemented, the regulations would restrict all e-cigarette flavours except tobacco, mint and menthol

Seth Rogen’s vibrant orange sculpture was sold for $7,000 above Vancouver Art Gallery’s initial estimation at auction Tuesday. June 15. (Heffel Fine Arts)
Vase made by Seth Rogen sells for $12,000 at Vancouver auction

The B.C.-born comedian has a new pot habit and it’s paying off

BC Lions running back John White IV (3) runs with the ball during first quarter CFL football action against the Ottawa Redblacks in Ottawa on Saturday, September 21, 2019. THE CANADIAN PRESS/ Patrick Doyle
BC Lions file trademark for new logo

Canadian Football League team files for new design on June 1

The remains of the Mid-Island Co-op in Whiskey Creek along the Alberni Highway on Friday, June 18, after a blaze the day before devastated the gas station. (Michael Briones photo)
VIDEO: Camper van explosion burns Vancouver Island gas station to the ground

Nine fire departments responded to the incident, no injuries reported

The Montreal Police logo is seen in Montreal on Wednesday, July 8, 2020. Some Quebec politicians are calling for an investigation after a video was released that appears to show a Montreal police officer with his leg on a young Black man’s neck during an arrest. THE CANADIAN PRESS/Paul Chiasson
Probe called for after video appearing to show Montreal officer’s knee on Black youth’s neck

Politicians call for investigation after clip evokes memories of George Floyd incident

A vial of AstraZeneca vaccine is seen at a mass COVID-19 vaccination clinic in Calgary, Alta., Thursday, April 22, 2021. The website for a Broadway theatre showing "Springsteen on Broadway" said it would only allow guests "fully vaccinated with an FDA-approved vaccine" — Pfizer-BioNTech, Moderna or Johnson & Johnson. THE CANADIAN PRESS/Jeff McIntosh
No Springsteen for you: AstraZeneca not good enough to qualify for Broadway ticket

Victoria area mayor among those unable to attend New York entertainment due to COVID-19 restriction

The BC Ferries’ website is down for the second time in one week from what they say is likely an overwhelming increase in web traffic. (Black Press Media file photo)
Surging web traffic crashes BC Ferries’ site again

Website down for second time this week

Most Read