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Law Canada MJ News

Ontario Police Abusing Cannabis Control Act For Unlawful Searches, Lawyers Say​


Pot may be legal in Canada, but Ontario police are using the province’s Cannabis Control Act (CCA) to conduct warrantless searches that amount to little more than fishing expeditions that violate the Charter rights, defense attorneys say.

“There are currently countless cases in our court system resulting from illegal CCA searches and probably thousands of people who have been subjected to this type of illegal behavior that we will never hear about because nothing illegal was discovered,” said Toronto defense attorney Daniel Brown, vice president. -President of the Association of Criminal Lawyers.

“This practice is as insidious as police carding and threatens public trust in the police,” he said, referring to the now discredited police practice of documenting personal information gleaned from random stops.

Under the CCA, Ontarians are legally entitled to carry up to 30 grams of cannabis in a vehicle provided it is in original unopened packaging or packed in “closed” and not readily available luggage. . If an officer has reasonable grounds to suspect that the marijuana is not packaged in a closed bag or readily available to someone in the car, they can search the entire vehicle — and all of its occupants — without a warrant.

Although this power is intended to allow officers to search for evidence of violations of the Cannabis Control Act, it is often used as a trick to search for evidence of other crimes, advocates say.

Chloe Boubalos, who practices law in Toronto, said it has become “a matter of routine” for police to use the law to target visible minorities, who research shows are more often stopped by police.

“They’re already monitoring certain groups…it leads to this conclusion that the same groups are going to be disproportionately affected by these very, very broad powers that can cause officers to conduct really intrusive searches with just a scent.

She and other defense lawyers are asking the courts and the province to limit police powers and point to British Columbia where police need a warrant to search vehicles for pot.

Canada legalized the sale, possession and non-medical use of marijuana by adults in 2018. Each province has also adopted its own regulations determining how cannabis is distributed, sold and used.

Under Ontario law, people 19 and older can smoke or vape cannabis in their private residence and in outdoor public places, including sidewalks, parks and beaches.

The penalty for having open and accessible cannabis in a vehicle (or boat) is a maximum fine of $100,000, one year imprisonment, or both.

The police generally need a warrant to search a person’s home or car unless a person gives consent or the officers have reasonable and probable grounds to believe a crime has been committed.

The Charter challenges have already begun, and many more are expected.

Earlier this week, a Brampton judge acquitted a man of having an illegal firearm in his car after rejecting police evidence that there was improperly packaged marijuana inside.

The OPP officer had conducted 72 CCA searches in the ninth month before stopping defense attorney Paul Aubin’s client on Highway 427 for a sobriety check.

(During his closing arguments, the prosecutor observed that while the Court of Appeals judges “probably weren’t involved” in dope use in the 1990s, a lot has changed because now “everyone knows what cannabis looks like”. The Brampton judge wrote that this “bizarre and gratuitous speculation” was “unnecessary”.)

In January 2021, a Newmarket judge also excluded a firearm from evidence after finding York Regional Police officers exceeded their authority by searching an entire vehicle during a traffic stop. The accused was cleared of the weapons offences.

Testimony from one of the arresting officers in that case highlighted just how widespread the practice is in York Region, said defense attorney Carlos Rippell, who represented the accused.

“How much research under the Cannabis Control Act have you done at this point in your career,” Rippell asked the officer in November 2020, according to a court transcript.

“A lot,” replied Const. of the York Regional Police. Caleb Allison.

“Defining lots? »

“I do them every day. Every day. As with every shift I do, I would say I search for cannabis most often. Almost every day.

Allison added that if he thinks a driver has “readily accessible” cannabis, he assumes “there’s more where it came from…and there could be more in the vehicle.” Asked if he enforces the Liquor Licensing and Control Act in the same way, Allison said he does, but “much less” because it’s much more common to see cannabis in a vehicle than open alcohol. The wording of this law closely resembles the CLC’s search power.

But, the judge concluded, the search exceeded the power granted under the CCA. Rather than search for illegally stored weed, the judge concluded that officers “intended to search the vehicle for a firearm.” He described the searches as “systemic in nature” and called the violations “extremely flagrant”.

In an emailed statement to The Star, York Regional Police referenced another recent criminal case in Oshawa where a firearm was discovered in a vehicle during a search without a warrant. In that case, the judge found that the officer had reasonable grounds to search the vehicle and all of its occupants, because he reasonably believed the weed had been stored in violation of the CCA.

In his ruling, the Oshawa judge disagreed with the Newmarket judge’s earlier reasoning to exclude the firearm.

“We currently have two inconsistent decisions from local trial judges regarding vehicle searches under the Cannabis Control Act. This law is still under development. We have not changed our practices because we remain aware of (Oshawa’s) decision,” York police said in the email.

“We expect this issue to be considered at some point by an appellate court.”

In an interview with The Star on Thursday, Rippell said he believed there was a “version of this legislation that is constitutional”, but that the current law needed to be changed so that police require a warrant. There also needs to be more clarity on the meaning of ‘closed closed’.

Would it be legal under the law, for example, for a woman to have a “vape pen” in a closed purse?

It should be, and that person should never be searched, Rippell said. “But because it’s quite new, the law isn’t crystal clear.”
 

Canadian Airport Could Get Cannabis Dispensary​

A cannabis dispensary to serve domestic air travelers is planned for Prince George Airport in British Columbia, Canada.

Travelers visiting Prince George Airport in British Columbia this summer could score some weed for their trip at a licensed dispensary, a sign that cannabis continues to be normalized in Canada since legalization in 2018.

The Prince George City Council recently gave preliminary approval for Copilot, a cannabis dispensary planned by American business partners Owen Ritz and Reed Horton with the support of airport regulators. The venture was first announced in January by the Prince George Airport Authority (PGAA), which said that Copilot is “pioneering cannabis for travel.”

“The company approached us in early 2020 with a proposal to open the first cannabis dispensary in an airport terminal worldwide, to our knowledge,” PGAA CEO Gordon Duke told the Prince George Citizen. “We feel strongly that having Copilot here at YXS will enhance our services our other business partners provide to our passengers and the people of our region,” he added, using the airport code for the Prince George travel hub.

Reaching Consumers Where They Are​

Cannabis was legalized in Canada in 2018, and each province has since established its own regulations for recreational cannabis retail sales. Ontario had more than 1,100 licensed dispensaries at the end of 2021, jumping from only 183 in a year. Joanne McNeish, a Ryerson University professor specializing in marketing, said that the competition is beginning to concern some dispensary owners.

“The whole industry completely misunderstood what would happen because they thought the only barrier is legalization and once we’re legal, people will just buy,” said McNeish, who added that locating businesses in new locations such as airports and shopping malls could make it easier to reach customers.

“For a user, it could make it that much more convenient,” said McNeish.

As the retail environment for recreational cannabis continues to become more crowded, companies like Copilot are looking for novel location to reach consumers.

“Our goal from day one has been to create a differentiated retail experience that stands out from any store you might see downtown,” Ritz told the Canadian Press last week.

Canadian law allows air travelers to carry up to 30 grams of pot or the equivalent in other cannabis products on domestic flights. To accommodate travelers, many airports have already established areas where consumption of cannabis is permitted.

“One in four Canadians have already traveled with cannabis,” Ritz noted.

In a presentation to the Prince George City Council, Ritz and Howard explained that Copilot staff will check customers’ boarding passes to ensure that they are booked on a domestic flight. The business will not sell cannabis to international travelers or those employed by the airport or airlines. The partners said that they believe the airport in central British Columbia is the ideal location to launch Copilot.

“We felt Prince George was the best place to start because of the size of the airport and the community culture,” Horton said. “We felt the airport was large enough to have enough passenger traffic and enough flights to test out the different aspects of the business model but small enough where we would develop a community feel, and it wouldn’t necessarily feel like our retail store was in a sea of other stores or that it was an overwhelming experience for other passengers given that is a very new concept.”

“If all goes as planned, we are opening the first cannabis retail store in an airport right here in Prince George this summer,” said Ritz.

Airlines Opposed to Planned Airport Dispensary​

Locating cannabis dispensaries in airports, however, is facing opposition from the air travel industry, including Canada’s two largest airlines. Air Canada director of local and provincial government relations Serge Corbeil said at a public hearing in February that the measures taken to ensure customers are not traveling internationally may not be effective in cases where passengers have more than one boarding pass.

“This could be highly problematic,” Corbeil said. “(And) while rare, there are instances where a flight may be domestic, but be diverted into the United States.”

Additionally, the airline industry is concerned that allowing cannabis sales and consumption sites at airports may lead to more intoxicated passengers in the skies. WestJet director of government and regulatory affairs Jared Mikoch-Gerke noted in a written statement that the International Air Transport Association recently reported a 55% increase in unruly behavior in the span of one year.

“WestJet, similarly, has also seen a significant increase in unruly behavior of passengers, and in many cases, the underlying cause is found to be intoxication,” Mikoch-Gerke wrote. “Unruly behavior onboard an aircraft is a fundamental safety issue, where the most severe cases see passengers physically assaulting crew members or other passengers, and, in some cases, attempting to open cabin doors or emergency exit windows and resulting in the diversion of aircraft. An aircraft cabin is not an appropriate place to be intoxicated.”

But Prince George City Councilor Cori Ramsey says that the fact that airports already have cannabis consumption areas and businesses that sell and serve alcohol makes dispensaries located at airports appropriate.

“To me, the precedent has already been set that this is an acceptable land use for an airport,” Ramsay said. “I know it’s strange going first. (But) looking 10, 15 years down the line, I can see cannabis stores available in most airports in Canada.”
 

RCMP veteran kicked out of 2nd B.C. pub for rolling medical cannabis joint wins case​

Blue Marlin ordered to pay $2,500 for discrimination

A retired RCMP officer has been awarded $2,500 in a B.C. Human Rights Tribunal ruling in what appears to be the second incident of discrimination for cannabis use he’s faced in as many months.

Robin Hayes, who uses medical-grade cannabis to treat post-traumatic stress disorder stemming from his years in the force, was denied service at the Blue Marlin during a meat raffle event in July 2019 after “discreetly” rolling a joint while drinking a beer, according to a recent tribunal decision.

His server noticed him rolling his cannabis cigarette and told him he could not do that at his table, despite his insistence that it was for medical purposes and permitted. Recreational cannabis was legalized in 2018.

Hayes said that after going outside to smoke the joint, he came back inside the restaurant and ordered another beer from a different server before returning to his table in the rear corner of the room.

When he went to get another drink, he was told he would not be served and would have to leave.

“He tried to explain that it is legal for him to possess cannabis and that it is for medical purposes, but the server was very angry and wanted him kicked out,” documents read.

Shortly after, Hayes was told the local RCMP had been called. As he waited outside for police to arrive, Hayes told the tribunal he felt very embarrassed to be reported to police, given his career in law enforcement.

The police did not arrive.

After the incident, Hayes attempted to explain the rules of cannabis to those working at the Blue Marlin – once over the phone, to which he was hung up on – and once in person, with an information sheet in hand, to which the server who had been involved in the initial incident “turned her back and walked away.”

In a statement to the tribunal, Hayes said he doesn’t expect all to share the same opinion as he about medical uses for cannabis, but that the lawful use is clearly outlined, and the incident left him feeling ostracized.

“I don’t feel that I should have to hide and prepare my medical cannabis in a back alley or bathroom or to be singled out for the use of medical cannabis,” he said. “As a person that’s fully compliant with the law and has a history of law enforcement ‐ as a peace officer no less – it is very humiliating.”

According to the decision, Blue Marlin argued that it has the right to “refuse service to anyone and everyone” at any time. In their decision, tribunal member Emily Ohler argued that given Hayes’ possession of medical cannabis is directly related to his disability, even if the restaurant had a policy in place that prohibits such behaviour, they were obligated to discuss options to have accommodated Hayes.

“What is clear is that it was discriminatory,” Ohler concluded, noting that it would be no different than if Hayes had been taking a pill as treatment.

In addition to the $2,500 compensation, the Blue Marlin was ordered to train staff on the laws related to medical cannabis users.

This is the second monetary award Hayes has won through the tribunal. Prior documents show that Hayes kicked out of the Port Sports Pub in May 2019 for a nearly identical reason: rolling a joint discreetly on his lap. In December 2021, he was awarded $1,500 – broken down as $1,000 from the pub and $500 from a server at the pub.
 

EXCISE TAXES IN THE CANNABIS INDUSTRY​


How damaging are excise taxes in the cannabis industry? Canadian cannabis producers are again calling on the federal government to review its excise tax on cannabis. As cannabis prices fall, they argue the flat-fee tax structure is negatively affecting their profitability.

The Cannabis Council of Canada (CCC) has released a report outlining the harm the tax does to the industry. This report is similar to the white paper Stand For Craft put out. One major exception is that the CCC is headed by George Smitherman and represents large producers.

How the Government Expected Excise Taxes in the Cannabis Industry to Work​

The federal government and its bureaucracy made many assumptions regarding legalization. Many of these assumptions have been proven wrong. The biggest miscalculation has been with excise taxes in the cannabis industry. They expected the price of dried cannabis per gram to be around $10. Therefore, the excise tax was set at 10 percent or $1 per gram.

But cannabis is selling for less than $10 a gram. And unlike other “sin” taxes, the excise tax in the cannabis industry is levied from manufacturers, not retail. Many producers are paying up to 45% on excise taxes, as opposed to the 10% initially expected.

Smitherman argues that a more realistic excise tax would allow cannabis producers to lower prices. Lower prices mean more consumers patronizing legal shops than underground farmers.

Who is George Smitherman?​

George Smitherman is a former Ontario deputy premier. He is one of the many former politicianswho have cashed in on legal weed, despite the excise taxes in the cannabis industry. And despite spending his career looking the other way while people were unnecessarily caged and fined for a harmless plant.
Smitherman once called for the government to “zap up the black market” instead of recognizing BC Bud’s contributions to cannabis in Canada.
Before legalization, he argued with cannabis lawyer Kirk Tousaw about home-growing. Smitherman said, “a model that allows people to grow their own is going to be confusing and runs counter to the core principle [of legalization].” When Tousaw called him out on this lunacy, he called legalization with home-growing an “extreme vision.”
Smitherman asked Tousaw and the audience, “do we really want, as a foundation, the entrenchment of the people who have been operating in the shadows?”
Since day one, Smitherman has been against “creating roles” for the peaceful members of Canada’s underground cannabis community.

Are Excise Taxes in the Cannabis Industry to Blame?​

No doubt, among smaller craft producers, excise taxes in the cannabis industry are to blame for harming their business. The details outlined in the white paper presented by Stand For Craft prove this.
But what about the large, corporate producers?
Their report finds that, for each gram of cannabis sold in Ontario, only 22.7% of the proceeds make it back to the producer. Thirty-five percent goes to taxes, including excise taxes and sales taxes. The government regulator, the Ontario Cannabis Store, and the private retailer take about 20% through markups.
Revamping (or even eliminating) excise taxes in the cannabis industry will go a long way to helping out everyone – not just large producers.
But are excise taxes the reason they’re struggling? Or does it have more to do with multi-million dollar investment boondoggles, balance sheets that have never been cash-flow positive, and rising interest rates?
The corporate cannabis bubble has popped. So what is the real motivation behind this initiative?

Cannabis Tax Revenue​

Since legalization in 2018, the Canadian cannabis industry has forked over $15.1 billion in tax revenue. $2.9 billion came from sales and excise taxes. The federal government is unlikely willing to forgo these revenue streams until the situation hits a crisis.
But it’ll likely be too late when the crisis hits. The government will notice a fall in revenue from excise taxes in the cannabis industry. When they go to investigate, they will find most producers have closed shop permanently, unable to stay afloat given the counterproductive tax regime.
Most hope it doesn’t make it this far. The 2022 federal budget proposed changes to excise taxes in the cannabis industry. These included lowering the payment rate to quarterly contributions instead of monthly. They also promised an industry roundtable to discuss cannabis-related issues.
 
momofthegoons said:

Cannabis Tax Revenue​

Since legalization in 2018, the Canadian cannabis industry has forked over $15.1 billion in tax revenue. $2.9 billion came from sales and excise taxes. The federal government is unlikely willing to forgo these revenue streams until the situation hits a crisis.
But it’ll likely be too late when the crisis hits. The government will notice a fall in revenue from excise taxes in the cannabis industry. When they go to investigate, they will find most producers have closed shop permanently, unable to stay afloat given the counterproductive tax regime.
Most hope it doesn’t make it this far. The 2022 federal budget proposed changes to excise taxes in the cannabis industry. These included lowering the payment rate to quarterly contributions instead of monthly. They also promised an industry roundtable to discuss cannabis-related issues.
Click to expand...


...this is why the legal weed market hasnt been successful... i can get oz's online (grey market, mailed to my mailbox via canpost) for$20-$50/oz as much as i want. legal market $10+/g. and your limited to how much you can buy at once (Same quality or better)...


...canada has failed with the roll out of legal weed imo... and continues to do so...
 

Canadian College Campus Is First to Get Weed Dispensary​


A licensed cannabis dispensary is coming to the University of British Columbia under a plan recently approved by local officials.

The University of British Columbia is set to be the first college in Canada to host a cannabis dispensary with the recent approval of a Burb retail store to open at the campus. The new location will be the eighth licensed cannabis retailer in British Columbia for Burb Cannabis Corp., bringing the company to the regulatory limit on the number of recreational dispensaries that can be operated in the province by one licensee.

Burb is an international cannabis brand with a stated mission of bringing British Columbia’s “BC Bud” culture to the world through a network of retail shops, cannabis products, apparel, and accessories. The company also owns and produces the podcast Light Culture hosted by David Hershkovits, the co-founder and former editor-in-chief of Paper Magazine.

Burb’s dispensary planned for the University of British Columbia, which actually sits just off campus, was approved by the Metro Vancouver Regional District (MVRD) Board of Directors, the local governing body for the area surrounding the university. The approval came despite vocal opposition from members of the local community, which included an online petition that garnered nearly 1,900 signatures.

“This was a big victory for us after a contentious debate around public safety and community fit,” John Kaye, CEO and co-founder at Burb, said in a statement from the company. “Despite concerns grounded in age-old stigma from nearby residents, many of whom were off-shore residential owners, the Board made an informed decision that aligned with the overwhelming voice of the student body as well as the tenets of legalization in our country. We’re beyond excited to bring Burb to campus and provide safe access to students and residents this fall.”

Neighbors Opposed Plan for Campus Dispensary​

Neighbors opposed to locating the dispensary near the campus argued that the store would be too close to a nearby high school and two elementary schools and launched a campaign to oppose approval of the shop. An online petition posted by local resident Connie Chen suggested the store would attract people to the area for purposes “unrelated to the university,” according to a report from CBC News.

“By allowing cannabis retail to exist in this business plaza, we are putting vulnerable children at a high risk of exposure to substances they are too young for,” the petition stated.

The proposed cannabis shop was supported by the university’s Alma Mater Society (AMS)‚ the organization representing more than 56,000 students on campus. A competing online petition in favor of the dispensary posted online by Sean Safaei, who is with Burb, received more than 2,000 signatures.

“Since the AMS was in support of the project right from the beginning, it’s definitely good news for the students,” AMS president Eshana Bhangu said of the application approval.

“We just think the UBC student body really deserves to have a safe space nearby where purchasing cannabis is accessible and provided in a stress-free environment,” she added.

Bhangu noted that without the dispensary located nearby, students at the university would have to walk or take a bus more than 2.5 kilometers (slightly more than 1.5 miles) to the nearest cannabis retailer. The only other option would be to buy from illicit dealers.

“Locations like these really do reduce illegal activity and we don’t think that this is going to have any risk to families and underage youth,” said Bhangu.

Burb maintains the new dispensary will not only be the first to be located at a Canadian college campus, but the first in the world, as well. With the company reaching the maximum number of stores allowed in British Columbia, Burb is looking outside the province to continue its growth. A recent expansion to the United States marked the premiere of the British Columbia cannabis strains Beaver Tail, Butter Tarts, and Zyrup to the California market.

“We are west coast OG and breathe the rich history of BC Bud into all extensions of our brand,” said Kaye. “British Columbia has gained worldwide notoriety for breeding and cultivating premium, award-winning craft cannabis strains. We’re honored to bring this legacy, experience and passion to California through careful curation and proprietary innovation.”

Burb Expanding Into U.S. Markets​

In May, the company announced its expansion in California’s competitive adult-use cannabis wholesale market, with Burb’s products gaining exposure on dispensary shelves at retailers including Cookies, Dr. Greenthumb, The Pottery, and Mainstage. The company also has plans to expand into Florida’s growing medical cannabis economy.

“We’re delighted to partner with TRP, the wholesale division of Cookies Retail Group, to bring our Los Angeles grown premium flower products to the state of California and look forward to launching in the state of Florida this fall exclusively through Cookies retail stores,” said Kaye.


The Burb brand is under license to TRP for both California and Florida and is working with Los Angeles-based cultivation partner Green Label, headed by Jason McKnight, to provide premium indoor flower supply for the brand.

“We’re innovating with Jason, working with amazing genetics providers and doing our best to bring the flavors we know and love to the California market,” said Kaye.
 

Ontario police discovers cannabis-related money laundering scheme operating through casinos​


The Hamilton-Niagara police charged five individuals and seized over 24k worth of weed

The Hamilton-Niagara police, with the assistance of the Ontario Provincial Police and Financial Transactions and Reports Analysis of Canada (FINTRAC), has unravelled a drug trafficking and money laundering scheme, which led to multiple charges involving several individuals.

The investigation began in 2017 when the RCMP began gathering information about a potential money laundering scheme operating through casinos in the Greater Toronto Area and Niagara regions. Through the investigation, police discovered that more than $3 Million was laundered from the illegal sale of over 8,000 pounds of cannabis.

The police seized 29,975 cannabis plants, yielding 18,781 pounds of dried cannabis, 7,926 pounds of dried cannabis and $1,029,020 as part of the investigation. The total value of all seized cannabis was approximately $24,282,112. In addition, police restrained one farm and three GTA residences.

"This investigation, conducted with the assistance of the OPP and FINTRAC, serves as a great example of how a coordinated enforcement effort can contribute to safer communities by disrupting the illegal drug trade and confiscating money laundering proceeds," said Superintendent Jeff Cooper, Officer in Charge of District Command.

Search warrants were executed on five residences and six large-scale marijuana grow operations, resulting in the seizures.

The following individuals were charged:

Zu Wen Chang:

  • Laundering the proceeds of crime, contrary to s.462.31 of the Criminal Code
  • Possession of property obtained by crime, contrary to s.354(1)(a) of the Criminal Code
  • Selling, contrary to s.10(1)(a) of the Cannabis Act
  • Conspiracy to produce and sell cannabis, contrary to s.465(1)(c) of the Criminal Code
  • Possession for the purpose of selling, contrary to s.10(2) of the Cannabis Act
  • Cultivation, contrary to s.12(4)(a) of the Cannabis Act
Lin Li:

  • Laundering the proceeds of crime, contrary to s.462.31 of the Criminal Code
  • Possession of property obtained by crime, contrary to s.354(1)(a) of the Criminal Code
  • Selling, contrary to s.(1)(a) of the Cannabis Act
  • Conspiracy to produce and sell cannabis, contrary to s.(1)(c) of the Criminal Code
  • Possession for the purpose of selling, contrary to s.10(2) of the Cannabis Act
  • Cultivation, contrary to s.12(4)(a) of the Cannabis Act
Bo Hai Chen:

  • Conspiracy to commit an indictable offence (selling and producing cannabis), contrary to s.465(1)(c) of the Criminal Code
  • Possession for the purpose of selling, contrary to s.10(2) of the Cannabis Act
  • Cultivation, contrary to s.12(4)(a) of the Cannabis Act
  • Possession of property obtained by crime, contrary to s.354(1)(a) of the Criminal Code
En Quan Chen:

  • Conspiracy to commit an indictable offence (selling and producing cannabis), contrary to Section 465(1)(c) of the Criminal Code
  • Possession for the purpose of selling, contrary to s.10(2) of the Cannabis Act
  • Cultivation, contrary to s.12(4)(a) of the Cannabis Act
  • Possession of property obtained by crime, contrary to s.354(1)(a) of the Criminal Code
Jian Hua Tao:

  • Conspiracy to commit an indictable offence (selling and producing cannabis), contrary to s.465(1)(c) of the Criminal Code
  • Possession for the purpose of selling, contrary to s.10(2) of the Cannabis Act
  • Cultivation, contrary to s.12(4)(a) of the Cannabis Act
  • Possession of property obtained by crime, contrary to s.354(1)(a) of the Criminal Code
Criminal defense lawyer Salematou Camara says parliament enacted the Cannabis Act to limit what is legal and illegal about the consumption, production and selling of cannabis; therefore, the massive amounts of cannabis recovered, and their value is critical. Camara says the charges are serious, with the maximum penalty being between 10 and 14 years if found guilty.

There were authorized warrants to search the homes and the cannabis plants, so Camara says the most crucial legal implication will be how and what information was made available to the police.

"Section 8 of the charter indicates that every individual is protected against unreasonable search and seizure. But what's reasonable is defined by the case law," she says. "Nonetheless, a criminal defense perspective will be to carefully look at the issued warrants, the information provided by the police to get those warrants and the investigation done. These elements are crucial to see if these warrants were authorized with all the information supposed to be provided."

Often, judges authorize a search and seizure warrant with only the police presence making the case, and Camara says that while police do not have to provide all the details of their investigations, they must provide accurate information as much as possible.

The conspiracy charge is a straight indictable offense, and she says some wiretaps were likely authorized, so the police probably have information to show that the accused individuals were working together.

She says to try and show and prove how these people were working together to establish the conspiracy elements will be interesting because there are legal implications and possible litigation about whether the evidence itself may be admissible.

"The production of cannabis and its selling may be easier to prove, but the conspiracy element will require a bit more work from the police and depending on the evidence they have, it may be easy or not to prove their case."
 
You May Soon Be Able To Buy Weed At Toronto's Pearson International Airport

No Toronto retail space is safe from the threat of cannabis creep, it seems — not even Canada's busiest airport, which is exploring the idea of adding both weed stores and gambling to its current offering of amenities.

As first reported by The Toronto Star on Wednesday, the Greater Toronto Airports Authority (GTAA) has hired noted lobbyist Clare Michaels to speak with government officials about opportunities for "new ways to generate revenue" at Toronto's beleaguered Pearson International Airport.

The GTAA, which operates Pearson, has yet to respond to a request for comment from blogTO, but a recently-submitted lobbyist registration entry on the Office of the Integrity Commissioner's website strongly suggests that they're (at the very least) interested in opening some type of cannabis retail oulet within airport boundaries.

According to the consultant lobbyist registration entry, as submitted July 27, Michaels has the following agenda points (among others) in mind:

  • Discussions with the LCBO about expanded beverage alcohol services at YYZ.
  • Discussions with AGCO and OCS about retail cannabis opportunities at the airport.
  • Discussions with OLG about gaming opportunities at the airport.
The GTAA is also interested in speaking with officials (through Michaels) about continued COVID-19 testing initiatives at Pearson, educating the government on Pearson's healthy airport strategy, "payment in lieu of taxes" (whatever that means) and working on initiatives related to vaccinations, logistics, human trafficking and workforce development.

Michaels also plans to have "discussions with the government on the safe restart of travel and tourism and collaboration with other levels of government and industry to address travel delays and drive a strong recovery at the airport and airport employment zone."

While the GTAA did not respond to blogTO's request for comment regarding whether or not a cannabis retail store (or multiple stores) will be coming to Pearson, they did tell the CBC on Wednesday that they have no immediate plans to open either a pot shop or slot spot.

"As a private, not-for-profit, non-share capital corporation with revenues closely tied to passenger traffic, the Greater Toronto Airports Authority continues to look at options to diversify its revenue sources and provide a world-class passenger experience, competitive with other international airports," said the authority to the public broadcaster in a statement.

According to CBC News, the GTAA also said it participated in "provincial consultations about a proposed new gambling framework," but that nothing is currently in the works.

Whatever happens, the authority made it clear in its Q2-2022 fiscal report (released Aug. 10) that COVID has impacted its bottom line hard, and that, despite an uptick in revenue over the past three months, "there remains limited accurate visibility on the future of travel demand."

Something's got to bring in the dough, and cannabis-for-sale right off an international flight (for people from countries in which marijuana is still illegal) might just be that thing.
 

Strike at Distribution Centers Could Lead to Shortages at British Columbia Pot Shops​

A strike at British Columbia’s only wholesaler and distributor of regulated cannabis could force retailers in the province to shut down temporarily.

Workers at British Columbia’s only wholesaler and distributor of regulated cannabis products went on strike this week, leaving the province’s legal pot shops scrambling to ensure they have enough product to keep their doors open. Workers with the British Columbia General Employees’ Union (BCGEU), which represents about 33,000 service industry employees, set up picket lines at four distribution centers operated by the BC Liquor Distribution Branch (BCLDB) on Monday in an effort to gain higher wages from their employer.

On Wednesday, the BCLDB announced that because of the labor action, the cannabis distribution centers will be temporarily unable to accept or fill orders, process invoices or ship merchandise to the province’s licensed retailers.

“We sincerely apologize for this disruption and for the impact to your business,” the distributor wrote in a statement to stores published on its website.

Provincial officials have been working on a plan to allow cannabis retailers to accept deliveries directly from licensed producers. But until the plan goes into effect, the BCLBD is the only wholesaler and distributor for the province’s weed dispensaries.

“The BC Liquor Distribution Branch recognizes the current job action being taken by the BC General Employee’s Union may be concerning to wholesale and retail customers,” the distributor in a statement quoted by the CBC, adding that the B.C. Cannabis Store website is also unable to fill or deliver customer orders.

“We do not know the extent of any future job action and therefore cannot speculate on the inventory levels held by wholesale customers nor customer demand and buying behaviours in this dynamic environment,” the distributor added.


Strike Could Lead to Shortages and Store Closures​

Cannabis retailers in British Columbia are left to speculate on the effect the distribution center strike will have on their businesses. Omar Khan, the senior vice president of corporate and public affairs for High Tide, said that the company’s chain of Canna Cabana stores faces impending shortages if the strike does not end quickly, adding that it could have long-standing implications for the regulated cannabis industry.

“For the time being, we are managing the situation by reallocating inventory between our British Columbia stores, but if the job action is not resolved within the next 10 days, we could face inventory issues,” said Khan. “We urge the BCLDB and the BCGEU to resolve their dispute as soon as possible, as lack of inventory at licensed cannabis stores risks driving consumers back into the hands of the illicit market, which will endanger public health and drive much-needed revenue away from government coffers.”

Other retailers are worried that the strike will force them to close their stores until the labor dispute is resolved.

“If it lasts more than two weeks, then we are probably looking at closing down the store because there is nothing to sell,” said Jacob Michalow, the assistant general manager at Marigolds Cannabis in Vancouver.

Vikram Sachdeva estimated that his chain of Seed and Stone stores currently has an adequate supply of products, but said that the situation could change in the event of an extended strike.

“I’m hoping that we can survive for a week or a little bit longer, but beyond that point, it’s going to be very difficult,” said Sachdeva, adding that he wished that retailers were given more notice of the labor action.

“It just came as a bit of a shock, and … now the concern is how long before they start delivering to us so that we don’t start running out of products?” he said.

Sachdeva said that he is worried he will have to turn customers away if he runs out of product and fears that medical marijuana patients will have difficulties accessing their medicine. He also expressed concerns that customers who are disappointed by a lack of regulated cannabis will turn to the illicit market instead.

Jaclyn Pehota, the executive director of the Association of Canadian Cannabis Retailers, noted that bars and restaurants are able to better cope with the strike because they can also buy products from private wineries and craft breweries if they are unable to receive goods from the distribution centers.


“That is something that we’re calling on government to explore,” said Pehota. “We would like the same diversity of supply chain for cannabis retail.”

David Hurford, secretary of the B.C. Farmers Craft Co-op, agreed, saying that many consumers in the province are able to find illicit sources of cannabis if licensed dispensaries run out of merchandise.

“We completely respect the union’s right to take this action, but it is up to the government to have a contingency plan in place,” Hurford said.
 

Uber Eats Now Delivering Weed in Toronto​

Consumers in Toronto can now order cannabis for delivery through Uber Eats.

Consumers in Toronto can order cannabis via the food delivery platform Uber Eats through a partnership with local dispensaries and the online marijuana resource Leafly that launched on Monday.

“We are partnering with industry leaders like Leafly to help retailers offer safe, convenient options for people in Toronto to purchase legal cannabis for delivery to their homes, which will help combat the illegal market and help reduce impaired driving,” Lola Kassim, general manager of Uber Eats Canada, said in a statement from the two companies on Sunday. “Over the last few years, we have invested heavily in our delivery business and selection has expanded tremendously. Uber Eats has grown quickly to become a versatile platform usable by diverse businesses large and small.”

Under the new program, Toronto residents aged 19 and older can use the Uber Eats app to order cannabis from one of three licensed retailers: Hidden Leaf Cannabis, Minerva Cannabis and Shivaa’s Rose. Orders will then be filled by the businesses and delivered by dispensary employees who have been certified by CannSell, a training and certification program required in the province of Ontario.

The partnership between Uber Technologies and Leafly is designed in part to help address competition from Canada’s illicit cannabis market, which persists despite the country’s legalization of cannabis in 2018. The new cannabis home delivery program will also improve access for consumers and patients while keeping the city’s roadways safer.

“First and foremost, we see this as a critical piece to helping discourage impaired driving, and secondly, this is just another initiative that can help combat the illegal cannabis market, which still makes up more than 40% of cannabis sales in Ontario today,” Kassim told CBC Toronto. “So, we’re providing an option that goes beyond in-store, that goes beyond pickup and it’s also an option for consumers on a platform like Uber Eats, which many Torontonians already know and love and also is built on, you know, trust and safety.”

Data from the Ontario Cannabis Store, the province’s only wholesaler of legal recreational marijuana, shows that nearly 57% of the cannabis bought between the beginning of the year and the end of March was purchased through the regulated supply chain. The figure is based on information provided by consumers to Statistics Canada, a fact that may affect the accuracy due to the reluctance of many to admit cannabis use to government agencies.


Home Delivery Launched During Pandemic​

Home delivery of cannabis by regulated businesses was launched in Ontario in 2020 when restrictions put in place to address the COVID-19 pandemic were enacted. Under the temporary rules, licensed shops could use couriers to deliver products to customers. The province’s cannabis regulatory agency, the Alcohol and Gaming Commission of Ontario (AGCO), made the home delivery rules permanent with several new restrictions in March.

Under the regulations, a cannabis delivery service must be part of a licensed brick-and-mortar shop and must not derive its business primarily or exclusively through delivery sales. Orders must be placed with and filled by a specific store rather than a network of shops. Deliveries to third parties are not allowed, and all orders must be delivered while the dispensary filling the order is open for business. Because purchases are delivered by dispensary employees, food orders through Uber Eats must be placed separately from cannabis delivery orders.

To place orders, customers can open the Uber Eats app and select the “cannabis” category or search for one of the three retailers. The customer must be within the shop’s delivery radius to place an order for delivery. Once an order is accepted by the retailer, the customer will receive a notification of the approximate delivery time. When dispensary staff arrives to deliver the order, they are required to check the age and sobriety of the customer in accordance with Ontario regulations and CannSell training.

Marissa Taylor, co-owner of Hidden Leaf, said that she wanted to partner with Uber Eats and Leafly because she believes it will help her expand the customer base at her location in North York, which already has a loyalty program in place.

“We’re a small business and really it was just to help be able to get cannabis to a broader number of people,” she said. “Accessibility is not always easy for everyone… and then to expand our reach, e-commerce is definitely the way to go.”

The Uber Eats partnership with Leafly is the food delivery platform’s first to offer home delivery of cannabis products to customers. In November, Uber Eats launched a programthat allows consumers in Ontario to order cannabis through the app from the Tokyo Smoke chain of retail shops. But the platform does not offer delivery, requiring customers to visit a dispensary to pick up orders.
 
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