On October 17, 2018 Canada will be the second country in the world to legalize the recreational use of cannabis (Marijuana) - the other country being Uruguay. Let us now look at some of the issues that will affect us directly.
Over the Spring and Summer, Condominium Corporations were busy making up RULES and By-laws to deal with the legalization of smoking and cultivation of recreation marijuana. Many condominium owners are concerned about potential humidity issues in their building associated with the growing of marijuana. They also worried that the value of their properties will drop when buyers pass over them to select others where controls are in-place.
After much prompting and prodding, the Board of Directors in my condominium came out with a set of rules covering “smoking and cannabis growing”. Through the banning of smoking of any lighted cigarette, cigar, pipe, or other product containing any amount of tobacco or cannabis or illegal substance, this blanket coverage effectively ban the smoking of marijuana. Electronic smoking and vaping devices are also banned at the same time.
Any existing tobacco smokers are allowed to “register” themselves with the condominium management to receive permission to smoke tobacco within their own units. This permission will not be extended to any new occupants from now on. There will be no cultivation of marijuana within the condominium buildings. An exemption is made for medicinal marijuana provided that medical documents are submitted to the Condominium management. Growing of medicinal marijuana is only permitted if no alternatives are available. Such alternatives include the growing of plants using commercial growers authorized by the patient's permit.
Most of the Condominium Corporations in Ontario are taking the similar approach when making their rules and by-laws. They do not want to wait till October 17 to start enforcing these controls. While they receive the written notices from the condominium management, most owners are not advised of the need to communicate these controls to their tenants. The owners are directly responsible for any financial repercussions resulting from non-compliance to any condominium regulations.
Recently, I also have an opportunity to speak to a police officer involved with the enforcement of cannabis laws while attending one of the community events. The officer confirmed to me that a swab will be used when they suspect that a driver is driving under the influence of cannabis. Saliva from the lining of the mouth are collected and for testing using a sniffing machine located inside a police vehicle. Failing a roadside drug test won't be a criminal offence under the new law, but it will kick off a 12-step process back at the police station that culminates in a blood test and takes up to an hour to complete.
I also inquired about the problems involved with determining the amount of cannabis within edible food products. The current possession limit is 30 grams of dried cannabis which is equivalent to 450 grams (about one pound) of edible food products. Just exactly what quantity of marijuana is used in the production of the 450 grams of food is unclear. Apparently, the police is not ready to estimate or impound the edible food products made with marijuana unless the weight limit is exceeded. Cannabis edible products and concentrates will be legal for sale approximately one year after the Cannabis Act has come into force on October 17th, 2018.
随着使用消遣大麻合法化日期的临近，我感到警方尚未准备好并有信心执法。而且已经批准使用的大麻测试仪在寒冷天气下的可靠性存在疑问 。制造商称该仪器在4到40摄氏度之间会正常工作。但 “分析毒理学杂志” 去年冬天发表的一项研究显示，该仪器在挪威使用时在显示阴性和阳性时出错。
It would appear that as the legalization date for the use of recreational cannabis is drawing near, the police is not ready and confident to enforce the law. There are questions about the approved tester's reliability in cold weather — the manufacturer says its recommended operating range is between four and 40 degrees Celsius. A study published last winter in the Journal of Analytical Toxicology, based on the use of the device in Norway, raised concerns about a significant number of false-positive and false-negative results.
As soon as the drug tests are implemented, there will be plenty of challenges in court that will tie up many police officers – a valuable resource that can be better utilized on the streets. When Cannabis edible products are legalized next year, more problems will surface with regard to law enforcement. There is no light at the end of the tunnel for the legalization of recreational marijuana in Canada!
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