It Will Be Illegal To Drive With Marijuana In Canada Unless You Take These Specific Precautions

gb123

Well-Known Member
Don't get caught breaking minute regulations!

The legalization of recreational marijuana in Canada is only days away!

Ahead of the October 17th deadline, each province has passed its own new legal code covering everything from the distribution to the consumption of the drug.

ALSO READ: The First-Ever Complete List Of Every Recreational Marijuana Store In Each Major Canadian City

TL;DR Each province has different regulations that dictate the proper transportation of marijuana on roads and highways. This is a complete list of cannabis transportation rules in every province.

Because these regulations vary so dramatically from province to province, Canadians could easily find themselves in trouble if, as they pass from one province to another, they unsuspectingly violate minutely different provincial laws.

One issue in particular that has concerned marijuana users is the legal transporation of the drug from place of purchase or between legal points of consumption.

Indeed, each province has specific guidelines for how to transport cannabis. Infractions come with severe penalties.

To help you avoid legal trouble, we've compiled a complete list of regulations in every Canadian province that dictate the proper transporation of recreational marijuana.

For each province, you'll see the exact language of cannabis regulations, their practical application, and the penalties associated with violations.

Stay safe! And don't drive high!


British Columbia
The transportation of cannabis is regulated by the Cannabis Control and Liscensing Act. BC probably has the most liberal laws regarding recreational marijuana in the country.

What the law says:
The law is at first straightforward: "an adult must not operate a vehicle, whether or not the vehicle is in motion, while the adult has personal possession of cannabis, or there is cannabis in the vehicle."

However, there is an exception for cannabis that is "still in the packaging from its purchase by a consumer and the packaging has never been opened" and/or "is not readily accessible to the driver and any passengers in the vehicle."

What this means for you:
Drivers in BC should:

– ideally transport cannabis only in its unopened original packaging
– ensure that no passengers possess cannabis
– keep cannabis out of reach of both driver and passengers (ideally in the trunk)

Penalties for not following these rules:
– possible immediate confiscation of the cannabis
– possible fine
– possible mandatory drug testing

For penalties regarding driving while high in British Columbia, reference this document.

Alberta
In Alberta, the regulations for the transportation of cannabis outlined in the federal Canabis Act will serve as default rules, according to the Alberta Liquor and Gaming Corporation (ALGC).

What the law says:
The ALGC website states that "you are allowed to transport cannabis in a vehicle, but it must be secured in closed packaging and not within reach of the driver or occupants."

What this means for you:
Driver should simply:

– store cannabis in an air-tight package
– keep cannabis out of reach of both driver and passengers (though not necessarily out of view)

Penalties for not following these rules:
– possible confiscation of cannabis
– possible mandatory drug testing
– possible fine

For penalties regarding driving while high in Alberta, reference this document.

Saskatchewan
The Saskatchewan Cannabis Framework lists transportation regulations that apply in addition to those in the federal Cannabis Act.

What the law says:
Simply: "Cannabis can be transported from a place it can be legally purchased to a place where it can be legally consumed, or from one location of legal consumption to another."

What this means for you:
This is perhaps the most straightforward regulation in Canada. Motorists should:

– store cannabis in an air-tight package
– keep cannabis out of reach of both driver and passengers (though not necessarily out of view)

Penalties for not following these rules:
According to the government of Saskatchewan website:

– $300 fine

For penalties regarding driving while high in Saskatchewan, reference this document.

Manitoba
The Manitoba Highway Traffic Act is quite (even strangely) specific about the transportation of cannabis.

What the law says:
Drivers in Manitoba can transport cannabis:

– if "the cannabis is stored in the trunk" or, in the case of "station wagons" and "sport utility vehicles," "behind the rear of the last seat in the vehicle;"
– "in a cabinet or other storage compartment" in "motor homes;"
– if "the vehicle is an off-road vehicle;"
– "if the vehicle is a power-assisted bicycle;"
– "if the vehicle is a trailer;"

What this means for you:
These is the most Manitoba-specific legislation ever. Drivers in the province are:

– only allowed to keep their marijuana in the trunk (or, in the absence of a trunk, behind the back seat) and in a sealed bag
– allowed to posses marijuana on their person if they are operating an off-road vehicle or bike, or live in a trailer

Penalties for not following these rules:
– possible fine
– possible mandatory drug test
 

gb123

Well-Known Member
For penalties regarding driving while high in Manitoba, reference this document.



Ontario
The Ontario Cannabis Act regulates the transport of cannabis. Its rules are potentially slippery so take heed:

What the law says:
According to the Ontario Cannabis Act, "no person shall drive or have the care or control of a vehicle or boat, whether or not it is in motion, while any cannabis is contained in the vehicle or boat."

That seems pretty severe and certainly circumvents legalization entirely.

In the succeeding subsection, the Act lists this "exception:"

Motorists can transport cannabis "that is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle or boat."

Obviously, those two clauses are contradictory.

Moreover, according to the law "a police officer who has reasonable grounds to believe that cannabis is being contained in a vehicle or boat in contravention [of the first subsection] may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it.

What this means for you:
Because on its surface this law seems tricky, drivers should take extra precautions:

– seal your cannabis in bags that are air tight
– ensure that the bags do not smell at all of cannabis
– make sure your bags are not transparent
– ensure that even your passengers have no cannabis in their possession
– store bags of cannabis out of sight

Penalties for not following these rules:
– fine
– possible confiscation of cannabis
– possible arrest for mandatory blood or saliva testing
– possible charges

For penalties regarding driving while high in Ontario, reference this document.



Quebec
In Quebec, the transportation of cannabis is controlled by The Cannabis Regulation Act. Because the government will have a monopoly on cannabis distribution through the Société québécoise du cannabis (SQDC), the transportation of cannabis is strictly controlled.

What the law says:
"Only the Société québécoise du cannabis (SQDC), a person it authorizes... a cannabis producer, or any other person determined by government regulation may transport, including deliver, and store cannabis for commercial purposes."

Further, "the transportation of cannabis without a bill of lading indicating the names and addresses of the shipper and the receiver constitutes proof that it is intended for delivery in Québec."

What this means for you:
Drivers should take these precautions:

– only transport your cannabis in its original packaging from the SQDC
– if your bag is opened, store that bag in another air-tight bag
– conceal your cannabis in your car
– always travel with receipts that prove you purchased your cannabis at the SQDC

Penalties for not following these rules:
According to the Act, "anyone who contravenes the first paragraph commits an offence and is liable to a fine of $5,000 to $500,000. The amounts of the fines set out in the second and third paragraphs are doubled for a subsequent offence."

For penalties regarding driving while high in Quebec, reference this document.


New Brunswick
Provincial additions to the federal Cannabis Act regarding the transportation of cannabis are rather unclear. However, the New Brunswick Cannabis Control Act does list actions or evidence that could empower an officer to search a vehicle. From this list we can deduce how to properly transport the drug.

What the law says:
"An inspector may, at any reasonable time:

– "enter and inspect any place, area or vehicle... and make any examinations or inquiries or conduct any tests that the inspector considers necessary;
– "require the production of documents at [any] place, area or vehicle"

What this means for you:
Drivers should not give officers any cause to search their vehicle.

– store cannabis in air-tight bags
– make sure cannabis bags are out of sight
– store cannabis out of reach of driver
– keep receipts, when possible

Penalties for not following these rules:
– possible fine
– possible mandatory drug test

For penalties regarding driving while high in New Brunswick, reference this document.



Nova Scotia
The government of Nova Scotia has an easy fact sheet for cannabis regulations. As in Quebec, the government will have a monopoly of marijuana distribution.

What the law says:
"The rules for transporting cannabis in a vehicle will be the same as alcohol. Cannabis must be in a closed, sealed package and out of reach from anyone in the vehicle."

Moreover, "the Nova Scotia Liquor Corporation will be the only authorized retailer of cannabis in Nova Scotia."

What this means for you:
– ensure that cannabis is in a sealed package
– ensure that cannabis is out of reach of driver and passengers (though not necessarily out of sight)
– be prepared to prove that you purchased cannabis legally through the Nova Scotia Liquor Corporation

Penalties for not following these rules:
– $2,000 fine

For penalties regarding driving while high in Nova Scotia, reference this document.



Prince Edward Island
PEI also has a straightforward fact sheet.

What the law says:
Interestingly: "when you are driving, cannabis must be out of reach to the driver. Cannabis can't be used by passengers either."

What this means for you:
– ensure that cannabis is in a sealed bag
– ensure that cannabis is out of reach of the driver
– unlike in other provinces, it appears passengers may posses cannabis on their person as long as they are not using it

Penalties for not following these rules:
– possible confiscation of cannabis
– possible $200-$400 fine
– possible mandatory drug test

For penalties regarding driving while high in PEI, reference this document.

Newfoundland & Labrador
The Newfoundland & Labrador Act Respecting the Control and Sale of Cannabis makes clear the rules about transporting marijuana in the province. They include some unique provisions.

What the law says:
"A person shall not drive or have the care or control of a vehicle or a boat with cannabis in the vehicle or boat unless:

– "the cannabis is in the package in which it was purchased and the seal is unbroken;
– "the cannabis is not otherwise readily available to a person in the vehicle;"
– the vehicle operator is "[transporting] cannabis from a place or premises where cannabis is lawfully located to another place or premises where cannabis may be lawfully located."

What this means for you:
– cannabis must be transported in its original package with its seal unbroken (the only explicit regulation of this kind in the country)
– do not cannabis in a bag that has already been opened
– do not let cannabis sit in your car unattended – it must reach a lawful destination
– ensure that the bag is out of reach of both driver and passengers (though not necessarily out of sight)

Penalties for not following these rules:
– fine of $300-$10,000
– possible mandtory drug test
– possible imprisonment for up to 6 months

For penalties regarding driving while high in Newfoundland & Labrador, reference this document.
 

Jefferson1977

Well-Known Member
This is fucked. 5K fine for having pot on your boat? I want to know (in Ontario) if these laws apply like this to medical patients as well. There is no law stating prescription drugs can't be in my gf's purse in the car/boat or whatever within my reach. What a joke.

If a cop asks me if I have any MJ in the car the answer is and will always be an emphatic NO. Doesn't even matter if they are my meds. It's just another excuse for big brother to search and detain you. Always say NO I don't have any and I don't use the stuff! Fuck the .gov and the police!
 

Jefferson1977

Well-Known Member
According to the new laws they need reasonable cause to use the saliva test. So don't give them reasonable cause. They can lie and say they smell it if they want to be pricks with nothing else to do, but stick to your guns and fight the illegal search in court.
 

Jefferson1977

Well-Known Member
Just don't start the conversation with "hello occifer" I once had a friend who did that precisely because he was high and was thinking (in true Homer Simpson style) "Don't say hello occifer, don't say hello occifer...".......hello occifer....LOL
 

CalyxCrusher

Well-Known Member
According to the new laws they need reasonable cause to use the saliva test. So don't give them reasonable cause. They can lie and say they smell it if they want to be pricks with nothing else to do, but stick to your guns and fight the illegal search in court.
Moreover, according to the law "a police officer who has reasonable grounds to believe that cannabis is being contained in a vehicle or boat in contravention [of the first subsection] may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it.

This includes a swab under the reasonable grounds. It's all a he said she said game.

On the bright side for Ontario, they decided cannabis can be consumed anywhere tobacco is allowed. Also there will be no limit on the number of brick and mortar stores. Watch the competition begin. The LPs will try and buy their competitors since they can't beat them. Watch the stocks start to decline.
 

Jefferson1977

Well-Known Member
Moreover, according to the law "a police officer who has reasonable grounds to believe that cannabis is being contained in a vehicle or boat in contravention [of the first subsection] may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it.

This includes a swab under the reasonable grounds. It's all a he said she said game.

On the bright side for Ontario, they decided cannabis can be consumed anywhere tobacco is allowed. Also there will be no limit on the number of brick and mortar stores. Watch the competition begin. The LPs will try and buy their competitors since they can't beat them. Watch the stocks start to decline.
Lots of bright sides with Ford. However I disagree that a swab falls under a search of persons. Does a breathalyzer? I believe the answer is no on both counts. Anyways Ford has also updated the code to include "moving" boats or cars :) AFAIK.
 

CalyxCrusher

Well-Known Member
Lots of bright sides with Ford. However I disagree that a swab falls under a search of persons. Does a breathalyzer? I believe the answer is no on both counts. Anyways Ford has also updated the code to include "moving" boats or cars :) AFAIK.
They already no longer need probable cause for a search or swab. That's outlined in the new regs. If they want to, they can under the new law. Simply because they want to and not because of suspicion. This is why a few law Profs have said precedent will be set to correct this. But until then.......
 

The Hippy

Well-Known Member
They already no longer need probable cause for a search or swab. That's outlined in the new regs. If they want to, they can under the new law. Simply because they want to and not because of suspicion. This is why a few law Profs have said precedent will be set to correct this. But until then.......
Implant chips are planned for next year...line up sheeple. Gonna be much easier to monitor your activities this way.
The central scrutinizer is waiting for you to make your mandatory appointment for installation.
Think i'm joking...not at the rate they are destroying your basic human rights.
You see once they get one ruined...it's onto the next...sponsored by the type of human garbage that run madd anti everything group. Their idea of fun is bible reading on a Friday eve after a nice pork roast.
madd single handedly ruined the hospitality industry in this country and have scare most folks shitless.
It's the old give em an inch and they'll take a mile attitude at work.
 

Jefferson1977

Well-Known Member
They already no longer need probable cause for a search or swab. That's outlined in the new regs. If they want to, they can under the new law. Simply because they want to and not because of suspicion. This is why a few law Profs have said precedent will be set to correct this. But until then.......
When it comes to alcohol, C-46 controversially gave police the ability to demand a roadside breath sample without needing suspicion the driver has been drinking — a measure critics have blasted as unconstitutional. However, police will still need grounds to suspect a driver has consumed drugs before demanding a roadside saliva test.

https://nationalpost.com/cannabis/federal-government-approves-first-device-for-testing-drivers-saliva-for-cannabis
 

Jefferson1977

Well-Known Member
So it seems they require grounds before demanding a test. Which is a good thing for all of us, hopefully only the idiots will get burned (at least until the law is changed).


I never smoked no shit like that before man.
 
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VIANARCHRIS

Well-Known Member
This is fucked. 5K fine for having pot on your boat? I want to know (in Ontario) if these laws apply like this to medical patients as well. There is no law stating prescription drugs can't be in my gf's purse in the car/boat or whatever within my reach. What a joke.

If a cop asks me if I have any MJ in the car the answer is and will always be an emphatic NO. Doesn't even matter if they are my meds. It's just another excuse for big brother to search and detain you. Always say NO I don't have any and I don't use the stuff! Fuck the .gov and the police!
The laws do not apply to medical - that is federal territory backed up by the courts.
 

VIANARCHRIS

Well-Known Member
According to the new laws they need reasonable cause to use the saliva test. So don't give them reasonable cause. They can lie and say they smell it if they want to be pricks with nothing else to do, but stick to your guns and fight the illegal search in court.
BC cops have said they will not use the test as it is not accurate. No department is even buying one. We all know the results will not be accepted as evidence in court anyway. I don't provide DNA without a warrant.
 

VIANARCHRIS

Well-Known Member
I concur. The first thing I used to do was ask the cop why he pulled me over. If they do not actually have a good reason they would send you on your way. Know your rights, very important.
Starting in December, they do not need a reason to demand a breath or saliva sample.
https://nationalpost.com/news/politics/canadas-impaired-driving-laws-just-got-a-huge-and-controversial-overhaul-heres-what-you-should-know
They still need to show that their test proves impairment and that's not going to happen. Here's is what I will do. Always, always pull out your phone and record the entire stop. Be polite, courteous and articulate. When asked to provide DNA for THC testing, immediately inform the officer that you will comply but you will be seeking advice from your lawyer, and you will not answer any questions until one is present. And remain silent the ENTIRE time. There is no law requiring you to speak to anyone. Let him take whatever tests he needs to do - it will take hours - record everything. As soon as you are back on your way, email that video to your lawyer and let him deal with it. Chances are it will not even get to court.
 

CalyxCrusher

Well-Known Member
Not familiar with how the game works for them? "The reason I pulled you over is I smelled cannabis." "We'll do the test and if you pass you can go". That excuse is so widely used for an in to a search it's mind boggling. And with legalization around the corner it's an even more valid excuse than ever sadly.
 

CalyxCrusher

Well-Known Member
Starting in December, they do not need a reason to demand a breath or saliva sample.
https://nationalpost.com/news/politics/canadas-impaired-driving-laws-just-got-a-huge-and-controversial-overhaul-heres-what-you-should-know
They still need to show that their test proves impairment and that's not going to happen. Here's is what I will do. Always, always pull out your phone and record the entire stop. Be polite, courteous and articulate. When asked to provide DNA for THC testing, immediately inform the officer that you will comply but you will be seeking advice from your lawyer, and you will not answer any questions until one is present. And remain silent the ENTIRE time. There is no law requiring you to speak to anyone. Let him take whatever tests he needs to do - it will take hours - record everything. As soon as you are back on your way, email that video to your lawyer and let him deal with it. Chances are it will not even get to court.
Yep, a lot of people aren't aware of this change coming in December.
 

Jefferson1977

Well-Known Member
Starting in December, they do not need a reason to demand a breath or saliva sample.
https://nationalpost.com/news/politics/canadas-impaired-driving-laws-just-got-a-huge-and-controversial-overhaul-heres-what-you-should-know
They still need to show that their test proves impairment and that's not going to happen. Here's is what I will do. Always, always pull out your phone and record the entire stop. Be polite, courteous and articulate. When asked to provide DNA for THC testing, immediately inform the officer that you will comply but you will be seeking advice from your lawyer, and you will not answer any questions until one is present. And remain silent the ENTIRE time. There is no law requiring you to speak to anyone. Let him take whatever tests he needs to do - it will take hours - record everything. As soon as you are back on your way, email that video to your lawyer and let him deal with it. Chances are it will not even get to court.
Lol dude, even the article you quoted says what I have been saying, mainly, THEY STILL NEED REASONABLE CAUSE FOR A SALIVA sample. (Not a breath sample anymore though, they can do that for any reason).

Let us be clear: from the article you quoted, starting in December: "Canadian police officers can now use roadside screening devices that test saliva for the presence of cocaine, methamphetamine and THC, the main psychoactive ingredient in cannabis. Police will not be able to use random testing for these; they will still need reasonable suspicion before demanding the test."

Let us hope this puts this to bed for good lol. POLICE NEED REASONABLE CAUSE TO DEMAND YOUR SALIVA. Yes they can lie about smelling pot. Take it to court it will not hold up.

What GOOD does it DO trying to convince your fellow pot smokers that they do NOT need reasonable cause? We need to stand up FOR OUR RIGHTS FELLOWS! In the interest of the community it is BEST NOT TO MISLEAD people!!!
 
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