You'll need a Customized Curtained Cannabis Cabana in BC.

[agoodwinsmith]

Yes, further rantings about the new Cannabis "legalization". Here is the BC legislation:

http://www.bclaws.ca/civix/document/id/bills/billscurrent/3rd41st:gov30-1

Here are the enraging parts:

Under DEFINITIONS:

"public place" means

(a) any place to which the public has access as of right or by invitation, express or implied, whether or not a fee is charged for entry, and

(b) any vehicle or boat located in a place referred to in paragraph (a) or in any outdoor place open to public view;

Under DIVISION 5, OTHER RULES

Intoxication in public place

78 (1) A person who is intoxicated from cannabis must not be or remain in a place described in paragraph (a) of the definition of "public place".

(2) A peace officer may arrest, without a warrant, a person whom the peace officer believes on reasonable grounds is contravening subsection (1).

Back to the rant:

So much for your deck, your patio, your backyard, your balcony, your stoop, or your porch - unless, of course, you own vast acreages of space where you can have a purpose-built, single-use, high-walled pot enclosure - a Customized Curtained Cannabis Cabana, in fact.

Yes, I know, vehicles and boats are in paragraph (b), but I know of someone who was sleeping in the back of their car after too much booze, and they were charged with being in control of a vehicle while impaired. Whether or not the charges ultimately stuck, it did mean that the person was expelled from their vehicle, abandoned without transport, and their vehicle impounded. Some officious busybody somewhere, based on the loosey-goosey language "or in any outdoor place open to public view", is going to feel justified to charge people on their patio because children could theoretically see them from the street.

Maybe I'm anticipating things that won't happen. My faith in humanity is currently not high.

Comments

[jessie_c]

Given the crowds at 4:20 events I'm going to bet that the cops are likely to give up, shape their heads in despair and go bother someone else.

[agoodwinsmith]

Have you read the (copious) legislation about youth? As an example from the same legislation above:

DIVISION 3 - CONSUMPTION IN PUBLIC

School property

61 A person must not consume cannabis

(a) in or on school property, or

(b) within a prescribed distance from school property.

and

Vicarious liability

68 (1) If a person consumes cannabis in contravention of section 61 (a) [in or on school property], the education authority, superintendent and principal are each deemed to have contravened that section and are each liable for the contravention.

Back to rant:

So, the adults in authority can be prosecuted as though they had knowledge of the contravention and approved of the contravention. The adults (anyone 19 or older) who are organizing such events as 4:20 are now liable for the corruption of youth found at such events. I suspect there are some people who would view it as a very good use of taxpayer resources to make an example of them. A really big messy example.

[jessie_c]

This sounds like a call for Civil Disobedience. Give them so many targets they go into overload.

[ex_inklessej388]

Usually charges like this don't stand on their own merit. So, for example, a person would probably not be charge for simply being out on my porch high. Suppose now that they were exchanged in a massive session on said patio, followed by loud music, well when the police show up after the neighbour calls than you can imagine this charge being applied.

The drunk driving situation you spoke about is not uncommon and it is applied pretty well across Canada. You are considered to be in control of a motor vehicle when you have the keys on your person and you've demonstrated some intent to be within the vehicle. We take drunk driving in Canada very seriously (and with good cause I think) and so when a person is found passed out drunk in their car, the law has been written as such as to default to it being a person who was in control of the vehicle. This stems from decades of people getting off of the hook for drunk driving merely because they passed out in their cars before being able to turn the key. I bet if you followed up with the person from the story the charges were dropped or he was able to get a lawyer who sorted it all out. I do not blame the police for enforcing the law as it is written and I do not slight the law in this instance for being cautious regarding drunk driving.

[agoodwinsmith]

They were sleeping in the back seat under a blanket.

Do not think that someone with a quota to meet, or a grudge against someone who looks like you, will not use the letter of the law to hassle your ass.