Pot on the Prairie is a week-long series exploring how the legalization of recreational marijuana in Canada could impact Saskatchewan. The series runs Oct. 30 to Nov. 3. Watch part one Monday on CTV News at Six.
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The provincial government and police chiefs’ association say there isn’t enough time to properly prepare for marijuana legalization, given the federal government’s date of July 1, 2018.
Once passed, Canada would be the second country, behind Uruguay, to legalize marijuana. The federal government introduced legislation in April. Now it’s up to provinces to figure out how to adapt to it when it comes to decisions including age limit, where it can be consumed and how it’s sold.
The Saskatchewan government says it’s reviewing results from a public survey about cannabis legalization, receiving advice from lawyers, police and others to develop a legal framework, but that it’s pressed for time.
“That timeline is definitely a concern for the province, a concern for the health and safety of Saskatchewan people on our roads to make sure that everything is in place,” Justice Ministry spokesperson Drew Wilby told CTV News.
The proposed legislation suggests a number of laws that would change impaired driving legislation including police using roadside saliva tests, officers being able to obtain blood samples easier, and the possibility of criminal charges for impairment.
THC levels
Bill C-46, which proposes amendments to the federal government’s marijuana legalization bill, lays out proposed levels of THC — the psychoactive compound in cannabis — in drivers that would result in criminal charges.
It suggests drivers who have THC levels of two to five nanograms per millilitre of blood, within two hours of driving, can be criminally charged and fined up to $1,000.
Five nanograms or more, or 2.5 nanograms combined with alcohol, would result in fines of $1,000 or more for a first offence. Penalties would get stiffer for repeat offenders — 30 days imprisonment on a second offence and 120 days on a third, according to the bill. The maximum penalties would be the same as existing maximum penalties for impaired driving, which could be up to 10 years in prison and a dangerous offender application.
A small joint or edible, or certain cannabis prescriptions, would likely put an average person over those limits, according to cannabis consultant Kathleen Thompson.
Testing concerns
The proposed THC levels for drivers have left some people with concerns; some state there’s no scientific basis proving impairment based on THC levels.
“Quite frankly, the portion of the legislation that has a mathematical component to it is ill-conceived,” Saskatoon defence lawyer Mark Brayford said.
Brayford is the vice-president of the Canadian Council of Criminal Defence Lawyers and worked with the council to send recommendations to parliament about changes to parts of Bill C-46. He said if certain portions of the bill are passed, it could do more harm than good.
“It throws the whole justice system, with respect to that group of prosecutors, into a state of legal chaos,” Brayford said. “It's unwise to pass laws that are constitutionally questionable.”
The existing legislation, which includes drug recognition expert officers conducting a 12-step exam to determine impairment, would be better, according to Brayford.
Drug Recognition Experts
As it stands now, if a driver is suspected of being impaired, a standard field sobriety test is used. If the officer concludes there is some form of impairment, the driver is taken to the police station where a DRE performs a 12-step exam to determine impairment. The 12 steps include examining balance, blood pressure and pupil size.
There are 56 DRE-trained officers in Saskatchewan, but the province says it wants 100 more in the next five years, and 90 by the time marijuana is legalized. It costs $3,400 to train one officer, which includes all expenses associated with the second part of the training in Jacksonville, Fla., according to the province.
Police agencies want the federal government to help fund a training model in Canada so officers don’t have to travel for DRE training, according to Marlo Pritchard, the president of the Saskatchewan Association of Chiefs of Police.
There won’t be a sufficient amount of officers trained in Saskatchewan by July 1, according to Pritchard. He said officers across the country, including from Saskatoon, have asked the federal government for more time to prepare.
“We’ll enforce the laws,” he said. “There are concerns on how it’s going to be written so that it’s enforceable, that it’s practical and probably cost effective.”
Arising questions
The federal government has allocated $274 million, which still needs approval, for law enforcement to detect and deter drug-impaired driving as well as to enforce the proposed regulations. It’s unknown how much money each province will receive and Pritchard said he won’t know whether the funding is sufficient until the laws are passed.
“There are a lot of unknowns,” he said.
Police services are preparing as best they can by anticipating certain regulations, but with no laws in place, it’s difficult to implement training or buy supplies, according to Pritchard.
For example, RCMP in North Battleford were part of a pilot project to see how the saliva tests work — Saskatchewan’s cold climate is a factor — but it’s unknown if officers will learn to use the devices ahead of legislation, or wait to see if it’s passed, according to Wilby.
He said the provincial government is disappointed more time wasn’t given for provinces to prepare. There has been criticism Saskatchewan is behind in coming up with a plan.
Other provinces have unveiled provincial framework — New Brunswick announced its plan last week on how marijuana will be sold, while Alberta has unveiled a full framework.
Wilby said the province is working hard on creating legislation, which would be introduced at some point by before the end of spring.
