Boycott Crony Capitalism - First Cannabis Act Conviction

QUAD BREATH

QUAD BREATH

Well-Known Member


In what is the first conviction and sentence passed in Canada for violating the possession and distribution provisions of the Federal Cannabis Act, a Winnipeg man has been sentenced to 10 months in jail for possessing 85 grams of cannabis for the purpose of distribution.

Rodney Clayton Felix pleaded guilty earlier today to possession of cannabis for the purpose of distributing. Mr. Felix was found with 85 grams of cannabis while in the Portage Place mall in November 2018. Police also found, among other things, a scale and cannabis packaging materials.

By being in possession of 85 grams in public Mr. Felix was in breach of section 8(1) of the Act which prohibits individuals from possessing more than 30 grams of dried cannabis or its equivilent in public and also section 9(2) of the Act which probhits the possession of cannabis for the purpose of distributing it contrary to the Act.

Mr. Felix faced up to 14 years in prison under the Act. The Crown Attorney sought a sentence of 15 months in jail while Mr. Felix’s lawyer argued that a simple fine was appropriate.

Provincial Court Judge Dale C. Schille recognized that there was no precedent to follow as this was essentially the first case of its kind following the enactment of the Cannabis Act on October 17, 2018. Justice Schille considered the notion of a fine as opposed to a custodial sentence to be “wholly inappropriate”.

While judges in other provinces are not bound to follow this decision, it will nevertheless serve as guidance for future cases across the country in determining sentences for those found to have breached the possession, and more notably the distribution, provisions of the Act
 
Jefferson1977

Jefferson1977

Well-Known Member
QUAD BREATH said:


In what is the first conviction and sentence passed in Canada for violating the possession and distribution provisions of the Federal Cannabis Act, a Winnipeg man has been sentenced to 10 months in jail for possessing 85 grams of cannabis for the purpose of distribution.

Rodney Clayton Felix pleaded guilty earlier today to possession of cannabis for the purpose of distributing. Mr. Felix was found with 85 grams of cannabis while in the Portage Place mall in November 2018. Police also found, among other things, a scale and cannabis packaging materials.

By being in possession of 85 grams in public Mr. Felix was in breach of section 8(1) of the Act which prohibits individuals from possessing more than 30 grams of dried cannabis or its equivilent in public and also section 9(2) of the Act which probhits the possession of cannabis for the purpose of distributing it contrary to the Act.

Mr. Felix faced up to 14 years in prison under the Act. The Crown Attorney sought a sentence of 15 months in jail while Mr. Felix’s lawyer argued that a simple fine was appropriate.

Provincial Court Judge Dale C. Schille recognized that there was no precedent to follow as this was essentially the first case of its kind following the enactment of the Cannabis Act on October 17, 2018. Justice Schille considered the notion of a fine as opposed to a custodial sentence to be “wholly inappropriate”.

While judges in other provinces are not bound to follow this decision, it will nevertheless serve as guidance for future cases across the country in determining sentences for those found to have breached the possession, and more notably the distribution, provisions of the Act
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So the judge says, ""Regardless of the new legislative provisions that have come into effect under which he's charged, he is, any way you slice it, a drug dealer," he said."

So basically this lower court judge is sentencing him for the old crime that no longer exists, and ignoring the new legislative provisions. Is there a generic charge of "being a drug dealer"? Nothing like using an old rational for a new crime.

https://www.cbc.ca/news/canada/manitoba/winnipeg-cannabis-act-trafficking-1.5082152
 
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The Hippy

The Hippy

Well-Known Member
Wow that's absolutely outrageous.
As I've been pointing out it's not what your selling it's who is selling it. If you're one of trudy's special friends you are gold though.
We all know how this works...we are all pretty smart and cool here...so we know.
 
QUAD BREATH

QUAD BREATH

Well-Known Member
TheRealDman said:
I would have never pleaded out. There’s no fucking way a Jury would have given him anything more than a fine.
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I'm with you on that. I think with a good lawyer it never would go to trial.
The problem is most poor people can't afford a good lawyer let alone navigate the legal system. That is one the reasons that there are a disproportionate amount of Indigenous represented in cannabis arrests in Canada; they are super easy targets and they virtually all plead guilty if caught.
That guy in the article was an Indigenous person.
 
The Hippy

The Hippy

Well-Known Member
QUAD BREATH said:
LOL....no doubt! By the way Hippy, it was you who got me to join and give back to the community. You convinced me to try Mega Crop....been on it for 4 weeks and so far so good ....thanks appreciate it!
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Glad to have you here. We need good folks like you to help and socialize with. I feel this site has a lot a really great folks on it in this section. Some smart ones too. I don't venture from here to much on RIU.
Ya the Mega Crop is the ticket imo. Hard to say anything bad about it. The money i'm saving is insane. I'm glad you like it. Your not the only one here who does. Slowly some folks are trying it and seeing how well it works I see. I'm impressed with how it's so effective and friendly on a multi strain garden like mine. They all seem to like it equally.
 
OldMedUser

OldMedUser

Well-Known Member
How stupid do you have to be to be selling pot in a mall with scales and baggies on you to boot? They take those if they raid your house to 'prove' you're dealing.

Shitty law but still the law and if you're that f'n stupid then that's what can happen. Giving us all a bad name.
 
CalyxCrusher

CalyxCrusher

Well-Known Member
Having a kitchen scale isnt a crime. I buy all my meat in bulk at costco and weigh it out into ziplocs and into the freezer. So if having those items is illegal because I also happen to consume or grow cannabis, it wouldn't hold water without proof I was selling. The burden of proof is on them not the accused. Correlation does not equal causation
 
Jefferson1977

Jefferson1977

Well-Known Member
This pissed me off so much, if I lived close to this mall I would show up with 10 of my friends, all of us would have 30 grams of pre-rolled joints and we would stand outside that audio store and hand them all out (to anyone over 19) while making a big stink about this sentence.
 
BurtMaklin

BurtMaklin

Well-Known Member
Ridiculous!

I figure the lawyer thought if he pled out that the court would impose a fine, and maybe community service or a little probation, but fucking jail time? Lol

Gotta protect the schwag monopoly, we can't have liberal cabinet ministers losing money with their insider trading empire.
 
OldMedUser

OldMedUser

Well-Known Member
CalyxCrusher said:
Having a kitchen scale isnt a crime. I buy all my meat in bulk at costco and weigh it out into ziplocs and into the freezer. So if having those items is illegal because I also happen to consume or grow cannabis, it wouldn't hold water without proof I was selling. The burden of proof is on them not the accused. Correlation does not equal causation
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I totally agree but cops do seize scales and even the sandwich baggies you use for your kid's lunches to boost the charges up. They still need some proof you actually sold some pot but they add extra and worse charges that rookies will be freaking about then plead to lesser charges to save court time and get a lighter sentence.

When in trouble with the cops they start off as Officer Friendly to lure you in to revealing more than you should then slam you with threats etc to force a confession. 90% of people cannot deal with authority worth shit and should just keep their mouths shut until they can talk to a lawyer.

There's nothing in the article to indicate whether this fool had any prior convictions either so maybe he did and that would earn him some jail time if so. Most likely known to the local cops at least.
 
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