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Law Canada MJ News

momofthegoons

Vapor Accessory Addict
Staff member
Black market pot sales still higher than legal sales in Canada

Legal weed may bring in in tens of millions of dollars across Canada, but the black market still sells more.

That’s according to the latest numbers from Statistics Canada.

The agency says around $2.2-billion worth of cannabis was sold in the last three months of 2018.

About 65 per cent of those sales were illegal.

Legal sales were highest in Alberta for the last quarter of 2018, with $123.7-million.

Ontario and Quebec came in second and third, while B.C. had the lowest legal sales of any province other than P.E.I.
 

momofthegoons

Vapor Accessory Addict
Staff member
Quebec's ban on growing cannabis at home unconstitutional, judge rules

Quebec's cannabis law is among the most strict in Canada. But a judge has deemed the prohibition of growing cannabis at home unconstitutional. (Associated Press)


Quebecers are free to grow cannabis at home, at least for now.

Quebec Superior Court Justice Manon Lavoie ruled Tuesday the provincial law prohibiting Quebecers from growing cannabis for personal use is unconstitutional.

She said the ban amounts to criminal legislation, which is under federal jurisdiction.

Julien Fortier, the lawyer who led the challenge, said those wanting to grow cannabis at home can now do so legally.

But he cautioned the province can still appeal the ruling, or rewrite the law to try to make the ban constitutional.

Fortier called the judge's ruling "very technical."

"No evidence was filed, except for the legislative debates," Fortier said. "It was really a case that was strictly about the ... constitutional law."

For now, residents are permitted to grow a maximum of four plants at home, as stipulated under federal legislation.

Quebec's cannabis law, which included a ban on home-growing, was passed in June 2018 under the previous Liberal government.

The Coalition Avenir Québec government still plans to amend the law to raise the legal age of consumption from 18 to 21.

A spokesperson for Lionel Carmant the CAQ's junior health minister, who is overseeing the government's cannabis legislation, said the government is studying Tuesday's ruling.
 

momofthegoons

Vapor Accessory Addict
Staff member
U.S. reverses lifetime ban on Canadian woman who crossed border with CBD oil

U.S. Customs and Border Protection did not provide specific reasons for decision to reverse ban



On its website, the Canada Border Services Agency says 'transporting cannabis across the border in any form — including any oils containing THC or cannabidiol (CBD) — without a permit or exemption authorized by Health Canada remains a serious criminal offence,' even after legalization. (Rémi Authier/CBC)


Less than two weeks after a Canadian woman was barred from entering the United States after she was found with cannabidiol (CBD) oil at the border, her lifetime ban from entering the states has been reversed in what her lawyer is calling a "best-case scenario."

The 21-year-old, who has asked not to be identified by CBC News, was crossing the border between B.C. and Washington state last month when CBD oil was found in her backpack.

CBD is a non-psychoactive product of the cannabis plant. The woman said she uses it to treat the painful side-effects of scoliosis.

She said she thought it was OK for the oil to be carried over the border, considering such products are legal in both British Columbia and Washington. But while some states have dismantled prohibition, cannabis possession remains a criminal offence federally, and the U.S. border is governed by federal law.

The woman, an undergraduate student at the University of Guelph in Ontario, was fined $500 for failing to declare the oil, fingerprinted and subsequently denied entry to the U.S.

She was told if she ever hoped to regain entry to the U.S., she would have to pay an additional $585 to apply for a special waiver, a document required for all people denied admission after deportation or removal.

'180-degree turn'
Lawyer Len Saunders, who had been working with the woman to fill out that application, said his client was unexpectedly contacted by a supervisor at the Point Roberts, Wash., point of entry on Friday and told her inadmissibility case had been reversed and she would no longer be required to apply for the waiver.

"My reaction obviously was shock. I was shocked that it was such a 180-degree turn from basically being barred for life to being told that they had on their own reviewed the case and had basically reversed their decision," said Saunders, who is based in the border city of Blaine, Wash.

The port of entry did not provide the woman, or Saunders, a reason for the reversal, he said.

In a statement sent to CBC News on Wednesday, U.S. Customs and Border Protection confirmed the lifetime ban had been reversed, but a spokesperson declined to elaborate on the reasons for the agency's decision.

A spokesperson said the case was automatically reviewed, as are all cases in which travellers are deemed inadmissible.

"In this particular case, management determined that [the woman] did not meet the terms for inadmissibility.... Determinations about admissibility are made on a case-by-case basis by a CBP officer based on the facts and circumstances known to the officer at the time," the spokesperson wrote in an email.

"In some instances, decisions about admissibility may be changed upon further review and presentation of additional information, verification of further evidence, etc."


Depending on the product, CBD oil usually contains only trace amounts of tetrahydrocannabinol (THC) — the principal psychoactive compound in cannabis — and typically does not produce any sort of high. (Mike Segar/Reuters)

Saunders said the case highlights the confusion around cannabis laws and international borders.

"Did they decide themselves that having CBD oil is not the same as having THC or cannabis? At this point I don't know," the lawyer said.

Depending on the product, CBD oil usually contains only trace amounts of tetrahydrocannabinol (THC) — the principal psychoactive compound in cannabis — and typically does not produce any sort of high.

'A moving target'
On its website, the Canada Border Services Agency said "transporting cannabis across the border in any form — including any oils containing THC or cannabidiol (CBD) — without a permit or exemption authorized by Health Canada remains a serious criminal offence," even after legalization.

But Saunders said the federal government has done a poor job of educating people about travelling with cannabis-related products, and regulations remain "a moving target."

"Going forward all I can tell people is to be cautious on what they bring to the United States because who knows, today CBD oil is OK, but CBD oil next month may not be. Nobody really knows what's going on," he said.

Saunders said his client, who has since returned to Ontario, is immensely relieved by the outcome.

Saunders is working on a similar case involving a Canadian man who was travelling to the U.S. from Tokyo, and was detained for several hours at Seattle's airport after customs officials found he was carrying two bottles of CBD oil.

He said he now plans to reach out to U.S. Customs and Border Protection at Seattle's Sea-Tac Airport to see if it will also reverse its decision to issue a lifetime ban.
"It should be consistent [no matter] the border — there needs to be consistent application of the law," Saunders said.
 

Baron23

Well-Known Member
Wow, really? This was all about seed stock? I mean, seed and clone sources its the unacknowledge secret in all med legal states in the USA because surely they didn't cross state borders and violate Federal law. It was sort of like immaculate conception. haha

But seed stock...and in CAN growers are only licensed for certain strains? Why in the world would CAN do that???



Black market pot entered CannTrust facility, flowed into legal market last year: Sources

Senior operating staff working at CannTrust Holdings Inc.’s Pelham, Ont. facility late last year brought cannabis seeds from the black market into production rooms, leading to some illicitly-grown pot flowing into the legal market, according to internal company documents obtained by BNN Bloomberg and four sources directly familiar with the matter.


The documents suggest that, in an apparent effort to conceal the black market cannabis seeds from regulatory inspections and other staff members, some CannTrust employees changed the names of as many as 20 strains to those which the company was licensed to sell in the legal medical and recreational markets.


Cannabis plants from at least two strains that originated from the black market-sourced seeds entered production rooms where they were fully grown to flower, packaged and sold into the recreational market, according to the sources.


In total, more than one thousand cannabis plants that originated from the illicit seeds were grown at CannTrust’s cultivation facility, the documents show. It is unknown how many of those plants were eventually processed for sale or destroyed, according to two of the sources.


Adding cannabis seeds obtained through the black market would have allowed CannTrust to significantly bolster its production at a time when it had overcommitted itself with supply contracts with provinces and other licensed marijuana producers, the sources said.


Three of the sources said that unauthorized activity ramped up shortly after CannTrust president Brad Rogers and its head of production, Michael Ravensdale, left the company last October.


CannTrust spokesperson Jane Shapiro told BNN Bloomberg in an emailed statement that “to the best of our knowledge, no product using seeds from unauthorized external sources was introduced into the market.”


Three sources who said they directly tended to the unauthorized cannabis said the operation was led by Brady Green, who recently left CannTrust after a five-year tenure that culminated as the company’s vice-president of cultivation. Green was hired by CannTrust in May 2014 as a grow technician and quickly rose through the ranks, holding several production roles including head grower and director of cultivation, according to a biography on the company’s website. CannTrust removed Green’s biography from its website Friday morning shortly after BNN Bloomberg published this story.

“[Green] has a passion for developing new cannabis strains, constantly improving growing methods and efficiencies, and passing his knowledge onto budding growers at the CannTrust Niagara Perpetual Harvest Facility,” CannTrust said on its website.


The team that Green allegedly tasked with handling the unauthorized cannabis was dubbed “The Brady Bunch” by other staff members, the three sources said.


“[Green’s team] didn't order [the seeds] through the normal chain of command,” alleged one of the sources directly familiar with the production of unauthorized cannabis.


“There is no way because it would take way too long if you wanted to do it right. I asked myself, 'We already have [the strain] Cannatonic. How come we have Cannatonic here and I have to take care of these [new] seedlings?’ I learned that they're under those names because those are the registered names that we have which we're allowed to grow, but they're really not those [strains].”
 

momofthegoons

Vapor Accessory Addict
Staff member
Edibles Regulations to be Challenged in Canadian Court

Lawyer John Conroy, who has been at the heart of several major Canadian cannabis legalization cases, including the Allard decision, said his next constitutional challenge will be the federal government’s regulations on edibles, extracts, and topicals.

Conroy says the edibles-package limit of 10 mg THC was far too little for medical consumers—who do not have access to edibles directly from the LPs they’re required to buy from.

This is among the stranger aspects of Canadian cannabis law.
While we have separate streams for medical and adult-use/recreational cannabis, Health Canada is framing edibles/ingestibles as all for adult-use purposes.
As many medical cannabis users with chronic pain will tell you, whole-flower edibles are among the most effective delivery systems for soothing those long-term discomforts. Which makes it even stranger that Health Canada has not authorized a separate stream for more powerful edibles for medical patients.


So while edibles will be sold as recreational, there will be no corollary available from the medical system—meaning the Health Canada regulations will determine to freeze THC content at a fraction of the amount many medical users need for relief.
With that in mind, Conroy will challenge the ban under Section 7 of the Charter of Rights and Freedoms, saying it cannot “arbitrarily deprive medicinal cannabis patients of their right to security of the person.”
Conroy’s involvement in this case is important because of his role in the Allard case as well as that of Owen Smith.


In the Smith case, the Supreme Court of Canada found in 2015 that it was unconstitutional to charge a man with preparing cannabis cookies for a compassion club, as medical users have the right to access cannabis.
To ban such preparations of the plant, the court found, “foreclose[ed] reasonable medical choices through the threat of criminal prosecution. Similarly, by forcing a person to choose between a legal but inadequate treatment and an illegal but more effective one, the law also [infringed upon the] security of the person.”
 

Bcbud

Cannabis enthusiast
The cannabis 2.0 addition of extracts and edibles to the list of legal products happens next month.
I look forward to giving the pax era a try as long as the available pods are all natural.

Edit found this which could change things.

 
Last edited:

momofthegoons

Vapor Accessory Addict
Staff member
'Odourless' cannabis nearly ready for market, Canadian firm claims

Cannabis connoisseurs looking to get high on the sly may have a new option—nearly “odourless” pot.

CannabCo Pharmaceutical Corp., a Brampton, Ont.-based company awaiting a production licence from Health Canada, claims to have technology that virtually eliminates the tell-tale smells when cannabis is smoked and stored.

“A number of users, and people that are around cannabis smokers, complain about the smell, especially in enclosed areas, condos and apartments, and this technology addresses those concerns,” CannabCo president and chief executive officer Mark Pellicane wrote in a news release on Tuesday.

CannabCo said it has an agreement with an undisclosed provider to deploy the anti-odour technology, and plans to release a wide variety of products for the medical and recreational markets. The privately-held company is touting the pending release as a “global first.”

CannabCo claims its PURECANN technology “greatly reduces” cannabis odour when flower is combusted, and makes the smell “virtually undetectable” when dry product is in storage. The technology is also said to reduce harshness when smoking, and lessens day-after effects.

According to the news release, Health Canada has given CannabCo a Confirmation of Readiness notification, and the company is currently raising capital. They are also constructing a pilot facility in Brampton.

CannabCo said the technology is fully compliant with GMP standards, a widely-accepted set of rules on handling, cleaning, quality assurance and packaging processes for manufacturing facilities and products.

CannabCo said it will have exclusive rights to deploy the technology for use in its Canadian production upon receiving a licence from Health Canada, and has not ruled out potential processing agreements with other producers.

"There are no third-party gadgets, or devices on the part of the user. The end result is pure cannabis that doesn't smell,” Pellicane added. “A woman can carry cannabis in her purse without having the odour concentrated or leaking out in her handbag.”
 

momofthegoons

Vapor Accessory Addict
Staff member
Only 44 Canadians have been given cannabis pardons under new system

A man is led away in handcuffs during a series of arrests at a Toronnto marijuana dispensary in April 2017.

A man is led away in handcuffs during a series of arrests at a Toronnto marijuana dispensary in April 2017. Bernard Weil/Toronto Star via Getty Images

As Canadians started to debate how — not if — cannabis would be legalized, a persistent question was: what about the hundreds of thousands of Canadians with prohibition-era convictions for possession?

In the end, the federal Liberals rejected a plan for records for possession to be expunged, or completely erased, in favour of a streamlined version of the pardon, or “record suspension,” processthat’s available for other crimes, minus the waiting period and $631 fee.

About 250,000 Canadians are thought to have prohibition-era records for simple possession of marijuana, though because some people were charged under a generic drug possession offence rather than one specific to cannabis, it’s not clear how many there are. Also, those who have a record for other offences aren’t eligible for the program.

READ MORE: Liberals’ pot amnesty would be easy for a new government to reverse, expert warns

But more than a month after the federal government announced that the long-promised amnesty program was taking applications, only 44 pardons have been granted out of a total of 71 people who have applied.

“The balance of applications are either under investigation or may have been returned to the applicant as incomplete or ineligible,” Parole Board spokesperson Iulia Pescarus Popa wrote in an email.

The process is very cumbersome and bureaucratic, says Toronto lawyer Caryma Sa’d.

Records need to be requested from police and the court system, and if they’re old, they may be hard to find. Often, they need to be requested in person at the courthouse where the case was originally handled, even if the person concerned now lives in a different part of the country.

“If it’s not ‘Hamilton and Milton, can you guys share records,’ it’s ‘Winnipeg and Hamilton’ — that just throws an additional wrench in,” says Sa’d.

“Certain things do need to be requested in person. Someone could hire an agent or sign an authorization form so that they don’t need to physically book a plane and be in Winnipeg. But again, that takes co-ordination. Even if you are in the city, it can still be a frustrating process.”

Former members of the military face an extra step of getting a copy of their conduct sheet, either from the defence department or from the National Archives.

And if possession convictions that they know exist aren’t in the records, they face the task of proving they happened.

Although the pardon application fee no longer exists, it still costs money to find the records and have fingerprints done and sent to Ottawa, Sa’d says.

“I’d say at least a couple of hundred dollars. That’s a huge obstacle right there.”

For older convictions, it’s possible that getting a pardon — unearthing paper records that have been slumbering in an archive for years and creating a modern version that may leave traces — may do more harm than good.

“Assuming their situation transpired before records are as digitized as they are now, it’s possible that a pardon could actually put them on the electronic map so when they’re crossing the border, this thing that otherwise would have been buried in the back of a file cabinet somewhere is now present, and it’s evident that there was a pardon for something, where otherwise it may not have had consequences,” Sa’d says.
 

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