We asked Vancouver criminal defence lawyer Kyla Lee for specifics around legal cannabis specifically regarding going over the border, cannabis in the house with kids, and what to do behind the wheel.
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“The Criminal Code has created two offences: one for impaired driving, where there is evidence of an impaired ability to operate a motor vehicle by a drug; the second for being in excess of a blood drug concentration limit. The second offence does not require proof of impairment.”
“To prove impairment, the police can simply rely on evidence of bad driving and physical observations, but they may also rely on the results of a Drug Recognition Evaluation test. This is a 12-step physical and psychological test designed to determine if a person is impaired, whether the impairment is caused by a drug or medical condition, and if it is by a drug, what class or category of drug is causing the impairment. If, at the end of the evaluation, the officer believes that a person has a drug in their body, identifies it, and that drug shows up in the blood or urine, then the law presumes the person is impaired by that drug.”
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