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Medicinal marijuana motorist will still go to court

An area motorist claiming the 181 grams of marijuana in his pockets and in his vehicle were covered under a permit to purchase medical marijuana will be facing drug possession charges in an Athabasca courtroom.

An area motorist claiming the 181 grams of marijuana in his pockets and in his vehicle were covered under a permit to purchase medical marijuana will be facing drug possession charges in an Athabasca courtroom.
The RCMP Athabasca Integrated Traffic Unit and regional Fish and Wildlife officers had a checkstop on Monday near Baptiste Lake, just west oF Athabasca when the smell of marijuana coming from a stopped driver lead to an impaired driving investigation. During the investigation, a large quantity of marijuana was found on the driver and in the vehicle. Alcohol was also found to be within reach of the driver.
Athabasca ITU Corporal Curtis Harsulla says the driver produced permits to purchase medical marijuana, "however, none of the marijuana seized was packaged to reflect that it was medicinal and controlled."
The RCMP are cautioning anyone with permits for medicinal marijuana to understand the laws around it.
"It is not uncommon for people to think they can carelessly possess or transport their marijuana or any other prescriptions for that matter," said Harsulla. "If you are found with any drugs without proof of lawful possession it will be seized and believed to be illegal until proven otherwise."

The driver of the car at Monday's checkstop was found to not be impaired and was released from the scene, and will be in court at a later date to answer to the drug possession and alcohol charges.
Harsulla said the incident should serve as a reminder to those who possess not only medical marijuana, but any prescriptions.
"The best way to avoid this is to keep your prescriptions in the original labelled packaging, and educate yourself on what is required for you to be in lawful possession," he said.

According to the RCMP, there are several conditions that must be followed when it comes to medical marijuana and prescription medications.

Among these are :
  • have written copies of your authorization to possess medicinal marihuana with you at all times.
  • have the marihuana in the packaging it was received in. Just like any other prescription drug, the label needs to show sufficient identification, date, name, dosage, etc on the container to prove possession is lawful.
  • the maximum amount you may possess medicinally is equal to a 30 day supply of your individual prescription, up to a maximum of 150 grams at one time.
  • cannot share, sell, trade, gift, etc your prescription marihuana or pills. This is considered trafficking and charges can be laid.

The charges and information came just days before provincial officials unveiled their plans for new legislation on possession and purchase of marijuana in anticipation of the July 1, 2018 federal legislation making marijuana legal to posses.
Earlier this week, Alberta Transportation Minister Brian Mason unveiled government plans to create new laws when it comes to the Traffic Safety Act. He said marijuana will be dealt with in the same way as alcohol consumption. New legislation is expected to set driving limits on marijuana consumption starting at between 2 to 5 nanograms per millimetre of THC in the blood system. Fines starting from $1000 will be imposed to motorists found guilty of driving with an illegal THC level. The additions to the province's Traffic Safety Act have yet to be legislated. As well, there is currently no method for police to properly conduct roadside screenings for marijuana consumption - but research is expected to be completed on roadside screening procedures by the time the new legislation is put into place prior to next July 1.

The new Traffic Safety Act legislation will also follow new federal driving laws when it comes to marijuana consumption. The new legislation will also add a new clause that increases the range of time a motorist can be tested for impairment. New legislation will change the charge from being impaired while driving to being impaired within two hours of drivin.
On Thursday, Justice Minister Kathleen Ganley will provide details of proposed cannabis legislation in support of the Alberta Cannabis Framework. The details of the proposed legislation are expected to include how the sale of mairijuana will be handled once federal legislation is enacted in July of next year making marijuana possession legal.

Athabasca RCMP did not disclose the name of the motorist facing the charges.

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