There are muddy waters ahead for marijuana legalization when it comes to a person’s constitutional rights.
Saskatoon criminal defence lawyer Ron Piché explains that if police stop a person driving while suspected to be impaired by marijuana, officers can perform a saliva test.
If it’s positive, the driver is taken to the police station for a blood sample.
Piché says this could be considered intrusive of one’s bodily integrity and therefore an infringement of constitutional rights.
He also wonders if the proposed legal limit of under 2 nanograms of THC in your system will be contested in court because some people have a tolerance and may not be impaired at that level.
As the proposed Criminal Code additions stand now, if someone was found with 2 to 5 nanograms of marijuana in their system, it would mean a criminal record, a fine of up to $1-thousand and a driving prohibition.
If the THC is 5 nanograms or more,the charges are increased.
Piché was one of the guest speakers at a lecture series hosted by the University of Saskatchewan College of Law on Tuesday, discussing the effects of marijuana legalization.