This year’s 4/20 cannabis celebration in Vancouver is shaping up to be one of the biggest on record. And with legalization on the horizon, interest in the event and the politics that accompany it is at an all-time… high.
Misinformation about marijuana laws and how they can affect you, even on 4/20 is abundant. We at Acumen Law Corporation wanted to write a handy guide to help you navigate the 4/20 cannabis celebration and your legal rights and obligations.
4/20: Smoking Marijuana In Public
Here’s the bad news: despite promises of legalization, it is still a criminal offence to possess marijuana in any amount. Possessing it for the purpose of smoking it at the 4/20 event is still a criminal act. The potential consequences for possession of cannabis is a criminal record and jail time. It is also a bylaw offence in the City of Vancouver and in many other cities where 4/20 events are taking place, to smoke any substance on the beach, in a public park, or within a specified distance of a doorway or entrance to a building.
There is the potential that you may be photographed or videotaped participating in an illegal activity. This can have consequences for your employment.
It’s not all bad news though. The likelihood is that if you possess a small, personal use amount of marijuana for the purpose of smoking it during the event you are not likely to be punished any more than a ticket, and even that is not likely. Historical precedent suggests that the police turn a blind eye to personal possession of marijuana at these events.
That being said, if you choose to smoke, you are committing a criminal offence. As lawyers, we cannot advise you to smoke marijuana in public. But we can advise you of the consequences if you want to know.
The 4/20 events are also highly publicized. The media presence will be strong, and there is the potential that you may be photographed or videotaped participating in illegal activity. This can have consequences for your employment, and if it occurs within close proximity of your work hours commencing, you could also face discipline from your employer if you are suspected to be high while at work.
Cannabis Impaired Driving on 4/20
While the jury is definitely out on the science behind whether marijuana actually impairs your driving, driving while your ability to drive is impaired by a drug is a criminal offence in Canada. Thankfully, because Bill C-46 and its associated regulations have not been passed into law yet, there are no laws currently in place regulating the amount of THC you can have in your system while behind the wheel.
So what happens if you drive after using marijuana? In British Columbia in particular, you could face one of two potential consequences.
The first consequence is a 24-hour driving prohibition for drugs. While these prohibitions are supposed to only be served in circumstances where your ability to drive is affected by a drug, that is not always the case. For the decision to be considered reasonable, the Courts in British Columbia require either evidence of erratic driving or evidence of impaired physical ability. However, in practice, we have found from our clients that they are often served 24 Hour Prohibitions on the basis of simply the odour of marijuana in the vehicle, or admission to smoking marijuana.
The other more serious consequence you can face for drug-impaired driving is a criminal prosecution. Typically, the police will form a suspicion that you have drugs in your body and perform Standardized Field Sobriety Tests. Or, if they have reasonable grounds to believe that your ability to drive is affected by a drug, they will perform a Drug Recognition Evaluation test. Blood or urine samples can also be collected from you at the end of this process, and those will be analyzed to determine whether there were drugs in your body.
Remember that THC can remain in your system for several weeks after having smoked marijuana, and so a blood test does not necessarily exonerate you even if you have not smoked that day.
So what’s the best way to avoid a penalty for marijuana-impaired driving?
The simplest thing to do is to either take public transit, a taxi or walk or bicycle to and from the event. The reality is that police may not be enforcing the possession laws, but they will be enforcing the impaired driving laws. You do not want to take the risk.
If you do drive, remember that you are only obligated to tell the police your name, address, and ownership and insurance information for the vehicle. You are not obligated to answer questions about whether you have or have not used marijuana, or when. And answering these questions will only be used against you, regardless of what you say.
Sale and Distribution of Cannabis Marijuana
The 4/20 event features vendors and products available for purchase on-site. If you are considering selling your wares at the event, you should be aware that doing so could expose you to charges for trafficking in a controlled substance. These charges may carry jail sentences, depending on the scale and sophistication of the trafficking operation.
The biggest concern for law enforcement and the City of Vancouver appears to be the sale and distribution of marijuana to minors. It is important for all sellers and distributors to know that if you are going to sell marijuana, there will very likely be consequences if you sell to a person who is underage.
Employment Law
A final concern arising out of 4/20 is your participation and how it can affect your employment. Participating in illegal activity in a public place can be grounds for termination of your employment, if it reflects negatively on your employer or their reputation, or if your job involves security clearances or personal reputations. Always be sure before going to a public event celebrating a substance that is still illegal, that you know how your employer feels about it, and that you are not putting your employment in jeopardy by attending.
We hope this guide helps to answer a few questions and concerns you may have about attending a 4/20 cannabis event.
If you find yourself in trouble during or after the event, one of our lawyers will be standing by on the telephone to give you legal advice. Do not hesitate to call.