I believe you man. Going after someone for impaired and securing a conviction are not the same thing. The first cop would have made a great witness to cross examine on the stand IMO. Smelling pot with no other indications of impairment isn't enough to charge the driver let alone ever secure a conviction. The fact the passage is authorized to possess is just another thing said Leo would have had to overcome in court. Likely the crown would drop the charges as some as the oifferers offical report hit their desk. Impairment isn't hard to prove and every cop has been instructed on observing amd documenting it. I smoke weed while driving all the time. It doesn't impair my ability to do so. That maybe dffrent for other people that's why the laws are written as they are. Using drugs and being impaired to the point you can't legally drive are not equivalent to each other.
driving and carrying MMJ
- Thread starter doingdishes
- Start date
If his doctor says he's ok to drive with his medical condition then he's good to drive. If he had a seizure and caused an accident afterward the doctor could be in trouble not the driver. Also if he received medical clearance by his doctor to drive and then had an accident his insurance cannot be denied as he was doing nothing wrong/illegal. People have medical emergencys behind the wheel every day.
Btw once you've been charged with a crime under the criminal code of Canada it's up to the prosecutor(crown) to drop charges not the cop. He files a report and charges the individual with the crimes he alleges took place. It's then up to the crown to drop the charges not the cop at all. So from the story as you're telling it the driver were never charged just being investigated for DUI. BIG DIFFRENCE.
CannaReview
Well-Known Member
Doingdishes buddy is not dealing with criminal law but with a license that is a privileged and ICBC. He's lucky he didn't get in an accident as if they found out about his weed prescription they would have tried to not cover him.
If it means he's gonna lose his license he'd better get on it as ICBC will fuck him over.
The doctor who prescribed him mmj no longer does so. So go to family doctor or walk in clinic and have paper work filled out by them and send it in to icbc. Having mmj in your system or having a script for it isn't a valid reason to pull someone's license or to deny renewing it. Sounds like the victim in question has mmar atp paperwork that's valid due to the allard injunction. They will try to pull that shit with him and he needs to fight it at every turn. If the police are doing it to this one guy I would hazard a guess they are doing it to everyone they pull over who has mmpr or mmar paperwork in BC. It won't fly it's already been mentioned that peopl with far more dangerous prescriptions aren't being treated in the same manned by Leo's as mmj users.
CannaReview
Well-Known Member
Except you're dealing with a license which falls under the BC motor vehicle act/icbc and not criminal law. There is no right to a drivers license and ICBC will do as they please. In this situation he's fucked unless he does what they say.
I understand that and I'm suggesting he comply with icbc's order and have the paperwork filled out. Icbc has no access to his medical records or mmar/mmpr paperwork. We have a cop who's reporting the driver has paperwork allowing mmj to icbc. The doctor who issued the paperwork is no longer involved in this guys medical life. His family doctor will fill the form out to the best of their ability and may even do a drivers medical exam. He should have no problems passing that. Having thc in your blood isn't grounds for revoking your dl even if it's a privilege not a right. Icbc will get sued into oblivion if they try to make it impossible for mmj patients to renew their licenses. Also if he has a drivers medical exam done he should invoice icbc for the cost as it's not covered by provincial medical coverage.
VIANARCHRIS
Well-Known Member
Ok, I fucking hate ICBC and the feeling is mutual, I'm sure. I would tell ICBC to go fuck themselves, as it is a prescribed medication and none of their fucking business. I've NEVER had to disclose what medications I use in order to get a dl or insurance, but the fucker's still took my DL TWO YEARS after my seizure...cause I pissed off my doc. Unless they require everyone to disclose every medication, it is a clear case of discrimination. Most pills that cause impairment come with a warning not to drive, if you do, you are committing a crime. The vast majority of vehicles on the road in BC have weed in them, if you are not impaired, even the cops don't care. Simply being prescribed or in possession of mmj is private information. Tell the Supt. of motor vehicles (his name's Steve Martin btw) that you'll sic me on him if he don't back the fuck off...that should ruin his day! lol! Seriously, a call to a BC Human rights advocacy group might do the trick. Definitely go to the media. I ride as a passenger with my with all the time and medicate...I always wondered what would happen if we got pulled over.
realmeduser
Well-Known Member
Out of curiosity, does he have his L or N, or his full class five?
Wondering if they treat a twenty year old patient different than a fifty year old patient.
Wondering if they treat a twenty year old patient different than a fifty year old patient.
In BC new drivers are absolutely treated diffent. There's a 0.00 policy alcohol wise for new drivers iirc. So that may have something to do with this letter if the driver isn't full stage yet.
The Hippy
Well-Known Member
Still a whole lot of folks who are super pissed at Mj moving forward. This is just another example of non MJ folks setting rules to fuck over MJ/420 friendly people.
I'm just sick of the attacks by booze swilling peons.
If ya drink....shut the fuck up.
This would eliminate most of the assholes trying to fuck us over.
I'm just sick of the attacks by booze swilling peons.
If ya drink....shut the fuck up.
This would eliminate most of the assholes trying to fuck us over.
doingdishes
Well-Known Member
i found out that the paperwork they want him to fill out is party his and for a Dr to say he is not impaired to the point he shouldn't drive...how the hell would anyone know but the person them self?? i can't see a dr signing a form to that effect.
he is going to fight...this will be fun!
he is going to fight...this will be fun!
Is he a new driver or full stage no restrictions? Just curious.
doingdishes
Well-Known Member
i will ask when i talk to his Dad tonight
doingdishes
Well-Known Member
OK...he was stopped at a check stop. i guess they smelled something. i didn't get too far into it with him but they didn't do anything for "sobriety" testing except say "you'll have to give up one of these" meaning drivers lic or ATP. that's dumb because that means he's going to still use but won't be legal to possess....so dumb!
Sounds unconstitutional and depriving him unfairly of the legal Ability to drive and use mmj. I smell a large class action to come out of this. Lots of people smoke and drive. I know icbc want to paint it in the same light as drinking and driving but we all know that's just not the case.
doingdishes
Well-Known Member
i agree but the problem he might face is driving is a privilege and not a right...i am curious to see how this plays out.
if they can do this for MMJ, they better do it for ALL opiates and brain killing meds like gabapentin etc...
Well if a case were to be made it would likely make its way to the scoc in the end. Both sides can appeal any decision. I know driving isn't a "right" but if you can pass the test both the license and sobriety wise what's the reason? Just because it's not a right doesn't mean it's not discrimination. I truly think people impaired by drugs shouldn't be on the road but I also know with daily usage the impairment a inexperienced user may experience isn't what I experience in any way. And recent studies prove that point. Chances of having an accident while having mj in your blood is almost as low as being sober iirc.
doingdishes
Well-Known Member
i think there was a study from the US that shows drivers using MJ drive better and are not impaired.
i would think this is a daily user and not a rec user who smokes a bit here and there...they might get messed up but the daily users, it would have to be incredibly powerful to make it so I couldn't drive