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Shelburne Police lay charges under new cannabis laws

November 1, 2018   ·   0 Comments

The new federal and provincial cannabis acts came into effect on October 17th.

Although possession of cannabis has been decriminalized, there are many laws regulating who can possess it, who can purchase it, who can sell it, who it can be sold too, how much a person can possess, what age one needs to be to possess it, how it is transported in a vehicle, etc…

In the first week of legalization, Shelburne Police have laid charges under the new laws in two separate incidents:

In the first incident, an officer pulled a vehicle over for speeding at 75kph in a 50kph zone.  However the roadside investigation revealed many more concerns.  It was learned that the driver was not licenced, as his licence was under suspension. Further the officer located open liquor accessible to the driver, as well as a quantity of marijuana accessible to the driver, and finally the required documents for the vehicle were not in order.

Under the Provincial Cannabis Laws, any cannabis being transported in a motor vehicle must be packed away and secured in closed baggage.  As a result of this investigation the driver of this vehicle was charged with Speeding, Driving While Under Suspension, Drive Motor Vehicle No Permit – all under the Highway Traffic Act.  He was also charged with Driving Motor Vehicle with Open Container of Liquor under the Liquor Licence Act, as well as Drive Vehicle with Cannabis Readily Available under the provincial Cannabis Act.

In the second incident, a youth as defined in the criminal code (less than 18 years of age) was being investigated in relation to a breach of a condition they were under as a result of a criminal charge from earlier this year.  This youth was arrested by a Shelburne officer in relation to that breach.  Upon arrest a quantity of marijuana was found to be in the youth’s possession.

Under the new provincial cannabis laws nobody under 19 can be in possession of any quantity of marijuana at all.  Under the federal laws, a youth in possession of more than 5 grams of dried marijuana (or equivalent) is chargeable under the federal level laws.  In this circumstance the youth allegedly had more than 5 grams of marijuana in his possession, and therefore was charged under the federal Cannabis Act, in addition to the court order breach charge.

Here is a summary of some of the key new laws in regards to Cannabis in Ontario: Under 19 years of age cannot, possess, consume, purchase, attempt to purchase, distribute, cultivate, propagate, harvest, offer to cultivate, offer to propagate, offer to harvest

Cannabis in any form or quantity (some exceptions if the person under 19 has a medical prescription) Nobody can: Sell, distribute,  cannabis to an intoxicated person or an apparently intoxicated person, purchase any type of cannabis from an unapproved source, sell or deliver cannabis to a person who appears under the age of 25 – must have legal proof age

Vehicles (motor vehicles and boats) nobody can: Drive or have care and control with cannabis in open original packaging, drive or have care and control with cannabis in open baggage, drive or have care and control with cannabis readily available

Cars not stopping for school buses

Dufferin OPP are investigating two complaints of vehicles not stopping for school buses with their flashing lights activated.

The first incident occurred on October 15, on Dufferin Road 109 when a cement truck passed a school bus on the shoulder while bus’s emergency lights were flashing and then stopped after the bus.  Dufferin OPP are following up on this incident

The second incident occurred on October 24, at 3:35 p.m. on Dufferin Road 3. A large flatbed commercial vehicle passed the school bus on the right, again with its lights flashing, but the bus driver was unable to get details relayed to police.

Dufferin OPP travels school bus routes every day observing for aggressive driving and drivers who fail to stop for the red flashing lights of the school bus.

When there is no median, motorists travelling in both directions must stop for a stopped school bus that has its overhead red signal lights flashing. Drivers are not to proceed until the lights on the school bus have stopped flashing. The stop arm is not required to be extended.

Vehicle owners can also be charged if their vehicle illegally passes a stopped school bus, regardless of who is driving the vehicle at the time.

Bicycles (which are considered vehicles under the Highway Traffic Act) are also subject to the same laws as motor vehicles, so they must also stop for the red overhead signals of a school bus.

Penalties include fines from $400 to $4000, up to six months in jail and six demerit points upon conviction for drivers.

The next time you are driving and see a school bus, give it space, ease off the gas, and remember that it could stop at any time.

         

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