By Hanna Anderson from OMQ law office
Even before winning the federal elections, current Canadian prime minister, Justin Trudeau, promised to legalize cannabis for recreational use (it’s already been legal for medical purposes). The process has begun under the new liberal government, but until laws and regulations are put into order, it’s important to remind Canadians - marijuana is still illegal!
The new task force led by Minister of Justice Jody Wilson-Raybould over the next four months will be working alongside provincial, territorial, indigenous and territorial governments, as well as experts in health care, criminal justice, economics, industry and law enforcement. The main purpose is to make sure that marijuana will be out of reach of children and won’t fall into illegal tracks.
But, Canada is not alone in this situation. Over time, many countries have gone through the same process. From Australia to Europe and even America. The OMQ law firm from Toronto made this following infographic comparing marijuana regulations in the USA, Portugal, and Netherlands. And it shows some interesting facts.
For example, in five US states where marijuana is legal, it is allowed by law to smoke the substance as long as it’s not in public, while in the Netherlands using the substance is only allowed in licensed coffee shops. There are strict rules about selling and growing, which differ from country to country, and from state to state.
Let’s take a look at the marijuana laws and regulations in the USA, Netherlands, and Portugal.
I joined Denver NORML for their first formal meeting, and got filled in on their current cannabis issues and advocacy.
This was their first official meeting after Denver NORML formed a board of directors and filed their articles of incorporation with the State of Colorado.
The organization’s cause is to fight for the right of the cannabis consumer to “have access to affordable marijuana that is free of harmful pesticides and chemicals, adult-use facilities/public consumption and increasing access by extending operation hours for marijuana businesses, just to name a few.”
Right off the bat Denver NORML got down to business and brought the attendees’ attention to a major local cannabis issue.
The major issue of the day is that the Colorado Medical Board will be holding a stakeholder meeting October 2, 2015. (That’s tomorrow as I write this article.) The Board will be discussing a new policy that would change the current recommending physician system. Denver NORML does not think that it is in the interest of patients or the doctors prescribing MMJ.
According to Denver NORML the new policy will include:
Overall they believe the new changes will increase cost to the cannabis patient and MMJ Doctor prescribing it by pushing tests, procedures and policies already addressed by their regular physician, and the changes will most likely be taking the majority of cannabis recommending physicians out of business.
The new purposed policy can be viewed hear: https://drive.google.com/file/d/0BzKoVwvexVATR21QaXlHNXdSY0E/view?pli=1
Another major concern is how this piece of legislation has been kept under radar, and most of Colorado’s medical cannabis users are not aware of it. And get this, you have until tomorrow to let them know if you disagree.
Written Comments will be accepted through October 2, 2015. You can send your written comments to the Board’s Program Director, Karen McGovern, at 1560 Broadway, Suite 1350, Denver, CO 80202, or Karen.email@example.com
I would e-mail or hand deliver your responses since time is of the essence.
Denver NORML is dedicated to the cannabis user and wants to promote its healthy use. For information on them, to attend a meeting, or to become an advocate go to their Facebook page @ https://www.facebook.com/Denver-NORML-1661328357440467/timeline/
In many states cannabis is illegal and if you are caught driving under the influence of cannabis, you may face fines and even jail time. Remember, just because you may live in a state like Colorado, Washington, or California, were it is considered decriminalized, you can still be subject to DUI penalties. You could be pulled over and tested. Contrary to some, "you do have to take a blood or breath test if you are arrested for a DUI/DWI," Drivinglaws.org.
In states like Colorado you consent to a preliminary test even if you are not currently under arrest. You agreed to it when you got your driver's license, (Annotation II. implied consent.) Now, it is considered a form of field sobriety test, and you are not required to take it and the cop should mention this to you, but it usually doesn't help to refuse it. Basically, you will get arrested and made to give a test.
“A new DUI law is in effect in Colorado which sets a legal limit for the amount of active THC in your system while driving. The legal limit is 5 nano-grams per milliliter of blood,” Coloradopotguide.com.
If you do refuse a test there are penalties. For the first refusal, you could lose your license for a year; the second time, you could lose it for two years. If you try it a third time or more times, the penalty is three years revocation. If there was an accident with damage, injury or a death, they will forcefully take your blood, if you refuse. Colorado Revised Statute 42-4-1301.
So, rule number one is, do not get high and drive!
But are there extenuating circumstances? Medical cannabis users have to deal with this question all the time, and most people only really feel the effects of cannabis for the first 30-60 minutes. Many regular cannabis users will have high levels of THC in their system, but not be high unless they have used recently. Therefore, a real danger exists for any regular cannabis user, who could get pulled over and treated as intoxicated.
Things to remember before you get pulled over, see rule number one! Then keep your stash locked in the trunk during transport, open container laws are sticky, don’t mess with them. If your stash is up front with you, its seals should be unbroken.
Keep a copy of you patient paper work or red card on you. Having a medical condition, and a prescription does carry some legal weight when setting a president for regular use and your sobriety. A regular medical cannabis user can justify having higher personal tolerance than the 5 nano-gram limit.
If you do get pulled over; stay calm, don’t get all shifty and get shot. Cops are kind of jumpy these days. Be polite to the officer, but do not say anything other than the following.
The Four Magic phrases for dealing with any encounter with law enforcement:
“AM I FREE TO GO?” “If they reply that you are free to go, then you are free to go. You may have to wait for the officer to finish the citation, but yes, you are free to go. If you are not free to go, then you must use the other magic words.”
“I DO NOT CONSENT TO ANY SEARCHES,” it is the cop’s job to gather evidence of a crime not yours.
“I WANT TO REMAIN SILENT,” “I want to remain silent,” is one of the trickier magic words. The Supreme Court has declared that in order to use your right to remain silent, you must first speak up and say you want to remain silent. After you say it, the police are still allowed to continue to question and harass you. You must not speak up and if you do, you have to say “I want to remain silent,” all over again. For some reason, the Supreme Court thinks this is all very easy to do during a police encounter.
“I WANT A LAWYER.” When you tell the police, “I want a lawyer,” they are not allowed to talk to you again until you have a lawyer with you.
Read the full text at Alternet.org/4-magic-phrases-use-if-cops-stop-you-pot
The holidays are just around the corner, and people will be celebrating with family and friends. Remember, the police will be out pulling drivers over and doing roadside sobriety tests, and with all the controversy surrounding their methods, be safe and know the laws in your state. Know how to deal with the police and don’t get high and drive.
*Some people are advocates of not even talking to the police and post a sign at DUI checkpoints. I do not know if this is a good idea or not. It may be considered obstruction, or your 4th Amendment right. Here is the links to several articles on the subject for you to decide on. Please comment if you have a strong opinion or can testify to it working, or not.
02/01/17 - New affiliate MED BADGE HELP. To work in Colorado you need a badge.
10/08/16 - New podcast coming in December on CCP: The Cannabis Factor, with Lillian Grace
09/23/16 - First show of "Beyond Sanity Podcast" airs this Saturday.
09/01/16 - New podcast coming. Btrip brings us 4twenty4play.com
06/25/16 - CCP acquired 700 shares of MED-X Inc. learn more here https://lnkd.in/eRjn-cy
04/29/16 - Accepting blog submissions. Seeking writers and reporters. Contact
03/23/16 - Check out our newly renovated "Membership" page.
01/18/16 - CCP is moved into new studios at Dank Dispensary 3835 Elm st Denver. Come by and say High and visit the location.
01/07/16 - The holidays are over and it's back to the Grind & Burn~! Getting settled into new studio space at Dank Dispensary in Park hill Denver. Two more show added this year. So much happening.
12/10/15 - Please Welcome our newest contributor Becca from Healthy Headie Lifestyle. Look for her post under the name HeadieBecca.
12/4/15 - No news blog this week. I have school finals and work projects to wrap up for the end of the year. -Syn.
11/15/15 - CCP will be at the ALL TIME HIGH event on Monday the 16th. IT's a bi-weekly meet up, come down and have a smoke with us, meet other in the industry.
10/19/15 - Back to the news blog. I've been out of town with family, and busy with school projects. As a reminder we love to hear from you. Tell us your stories and interests. -Syn.
10/15/15 - Saturday's show is with Jay Griffin, owner of Dank-Colorado Dispensary. Listen in.
10/08/15 - Saturday's show features Diablo Dean: Director, Producer, Writer of the movie "Deet & Bax Save the World" and an in-depth discussion about movie making, building community, and the lifestyle of a Keef Ninja.
Music - Keef Army Anthem Jason Anthony Feat, and Outtasite, Money B of @Digital Underground.
Saturday at 4:20pm.
09/30/15 - CCP forming a full media production company to start making more web based TV shows. We need writers, actors and producers to be part of a new, cannabis focuses, media channel. Contact us!
09/24/15 - Saturday's show is ready and will feature an interview, by Brainstorm, with Jim Berry the owner and proprietor of Weed Wipes. And Syndicate has a couple of interview segments from his night out at a cannabis events.
09/17/15 - Sorry for the lack of a new show today. We have been busy doing interviews and getting ready for more shows. Our recent Dank Colorado interview is in the works.
09/17/15 - CCP is expanding with more shows. Room for internship and employment. Contact CCP to inquire about opportunities.
09/02/15 - This Saturday's show is with Emmitt from Bong Buddy.
08/29/15 - Full show archives can be found at www.CannabisCommunityRadio.com. Listen from the beginning, share with friends and family.
08/26/15 - New show this Saturday with our time at "Lifetime Budds event," and I talk to Adam from Budz find a cannabis friend app.
08/21/15 - Episode 74: Brainstorming with The Syndicate. Mathew Brady sings a classic. New Shows every Saturday @ 4:20 MST.
08/12/15 - David Bush is back, the Colorado premiere hemp attorney. Music by The Lindells. New show starts Saturday at 4:20pm MST.
08/07/15 - Our new show is ready and will feature Rick Miles from Cannavis Syrups, and a quick overview from CanopyBoulder "pitch day."
08/06/15 - New Show! We are editing a new show right now, and it will be out 4:20 PM, MST, this Saturday.
08/02/15 - Sorry for the delay. We are under construction and we will be back with a new podcast soon.
07/23/15 - Updated the Indiegogo with 4 new perks for donation.
07/21/15 - New show this week. Ibake interview about city of Englewood complaints; Josh from CCX talks about the situation in Seattle, a vote that is shutting down dispensaries.
07/17/15 - Indiegogo campaign launch this week. Donate to support the show. There is an incentive gift for every type.
07/16/15 - Just finished talking to Ibake Englewood about the complaint issues with the city. It'll be on next week show.
07/14/15 - Welcome Chris "Syndicate" to the CCP team. Joining us as an associate producer overseeing the CCP news blog.