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Marijuana possession and use will be legal in Canada after October 17, 2018. But a Whitby driver greatly exceeded the new 30-gram limit and is facing charges after police seized 44 kilograms of marijuana from his car.
The Ontario Provincial Police (OPP) allege that the driver was speeding on Highway 401 near Napanee. When police pulled the driver over, they saw large garbage bags in the back of his vehicle. They searched the vehicle. The police found 44 kilograms of cannabis in several garbage bags in the vehicle’s back seat and its trunk. The police arrested and charged the driver with speeding and possession of marijuana for the purpose of trafficking.
Skilled defence lawyers may be able to successfully argue that this search was illegal, depending upon what grounds the police use to justify their search. The bags could have been filled with old clothes being donated to a charity, for example.
But should this driver be convicted, he will face severe penalties. Even after legalization, penalties for the possession of marijuana will remain high. Possession for the purpose of trafficking offences carry even greater penalties upon conviction, often at a court’s discretion.
People’s confusion over the amount of marijuana they can legally possess may rise in the first few weeks after possession of 30 grams or less becomes legal. Police may charge adults who possess even a small amount of cannabis greater than the 30-gram limit.
You should seek legal assistance immediately. Conviction for possession or for trafficking can have future employment and travel consequences. Only experienced criminal defence lawyers can guide you through the criminal justice system and best protect your rights.