Canada MMJ Laws?

[Elbuort19]

I'm moving soon and I'm looking for clarification on MMJ laws regarding transportation. I've read that in some provinces your MMJ has to be in an inaccessible part of the vehicle.
What if you're just a passenger in the vehicle or you're traveling on a bus, taxi, bicycle or motorcycle?
What about if you need your MMJ right away for panic attacks...pullover (as a passenger) on a busy highway, get out and run around to the trunk to get you're vape and MMJ?

I have 8 oz to transport but I tossed all of my LP containers so am I SOL traveling trough airports?
Can I mail my MMJ to myself from my current location to my new residence?

Thanks!

 

[macbill]

Either one is against the law in the States. Your country may vary. To me, it seems less risky to mail to yourself rather than chance a bust at the airport.

 

[JCat]

@Elbuort19

It's legal to transport either way. I'm not sure about in an inaccessible part of the vehicle. Look up the new Bill C-46 which just got passed ... essentially no regular cannabis users can legally drive any longer based on the limits they have set forth. The good news is they need probably cause to test you. What constitutes probable cause is the issue here of course ...

Technically you are supposed to have the labels from the bottles (for airport and police if requested), however, I'm pretty sure there is other valid documentation. I believe your receipt might be good. You should contact your LP and ask as they should theoretically be able to help you out with guidance in regards to this, or possibly your MP could inquire on your behalf as well.

At any rate, for driving, apart from location of storage, it's a non-issue; and I'm sure if you are a passenger keeping a small amount on your person would be reasonable; unlikely they have any reason to search you!

For the airport, ask your LP, and also call the airline/airport you are going through ... if you let the airline know in advance that you will be coming and travelling with your cannabis, they can be ready for you in which case it should expedite things; otherwise you may have to wait while they call police/RCMP to come inspect your documentation, I've never had a problem here and the police have always been friendly, the airport security not always so. Know your rights and stand-up for them. I used to fly with just my pink MMAR paper and cannabis from dispensaries as well (I've more than once flown with 100+g in a dozen mason jars or so)

You can't legally mail it.

 

[CarolKing]

The driving laws in Canada far as the road side stops to check for “drug use” I think could be argued in a court of law but I’m no lawyer- especially Canadian Law. I live in the states.

 

[JCat]

The driving laws in Canada far as the road side stops to check for “drug use” I think could be argued in a court of law but I’m no lawyer- especially Canadian Law. I live in the states.

The problem is under the new law if a "drug recognition expert" rules that you are intoxicated, then the blood sample of >5ng results in confirmation that the tested substance is the result of said intoxication even though the blood sample alone is not proof of anything.

On top of that, this is even more problematic as the current evidence of the accuracy of the tests performed by drug recognition experts have shown that these tests are wrong >50% of the time. In other words, if a drug recognition expert deems you are intoxicated, even though if the test results in a positive it has a less than 1 out of 2 chance of being correct, since you consume cannabis regularly you will 100% be over the blood limit, and therefore are automatically guilty. Wow!

It has also been shown that one of the reasons for this accuracy is there is huge bias towards the drug recognition experts wanting to confirm with the arresting officer that said person is intoxicated due to pressure to not want to make their peer look bad (this is conscious and subconscious depending on the case)

The problem is that the only way you are not guilty is if you change the law, as under the current law, regardless of intoxication you are 100% guilty as the current law doesn't actually require you to be intoxicated to be guilty! Wow again!

I don't want to be the one to fight it in court ... at least they need "probable cause" to perform any testing for cannabis (no longer for alcohol, they can do this testing 100% randomly) ... so don't give them any probable cause (ie. store your cannabis in the trunk, wait an hour or two after consuming if possible, and definitely wait long enough that any acute effects are gone, get someone else to drive if at all possible, wash your hands and face before going anywhere after consuming, etc. etc.)

Basically medical cannabis users and cannabis users in general need to be 10x as cautious as they were when it was illegal, as now the penalties are much harsher, and the laws also provide much better tools for enforcement to law enforcement ... one example of the ridiculousness of the new laws and how much leeway it gives to enforcement is if an 18 year old goes to the "cannabis store" and buys a 1/4 of cannabis (or I guess 5 or 10g as it won't be sold in 1/8, 1/4, etc.), and then his 17 year old buddy gives him $10 for a gram, a cop can arrest him and he can be jailed for 14 years for this.

 

[IntoTheVoid]

You’re asking about transport MMJ but I don’t see where you’ve stated that you’re actually a person who’s prescribed MMJ by a legitimate doctor. Using MMJ for self medicating and being prescribed MMJ by a doctor are not the same. And since our legalization laws don’t go into effect until Oct 17th, if you’re not a legitimate card carrying member, then possession and transportation is illegal in any form.

My mother in-law gets govt issued MMJ as prescribed by her doctor. I just go to a dispensary and buy it as I need it. She’s legal, I am not.

If your prescribed MMJ by a doctor then I’d call the doctor and ask about the law as it applies to you. If you’re not prescribed MMJ then your breaking the law just like the rest of us and no amount of preparation makes transporting MMJ any less illegal.

Even after legalization starts in October, you can only carry 30 grams on your person/vehicle, so the 8oz your asking about is illegal regardless.

As far as how drug recognition experts work, you can be under a set limit as defined by the government and still catch a charge for driving while impaired. Just because your under the limit of whatever they deem as an average as alcohol, THC, or whatever they are looking at, doesn’t mean that it’s safe to drive. Some people take a puff and can’t remeber their name, and others can smoke 5 joints and fly an airplane. It’s the drug expert’s job to put that case together based on circumstances not readily covered by the numbers. Before moving to Canada I was a police officer in the US and I was trained as a drug/alcohol expert by the state medical examiner in the state I worked in. As hokey as it might seem to some of you, it’s real science and it’s solid as a determining factor for a summins or arrest in the field. After that it’s up to lawyers and the judge/crown to deal with.

 

[islandgrower]

I think that in the addition to already said facts I can share a good article about Canada legislation https://cannasos.com/news/hot-news/what-can-we-learn-from-canadas-policies