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‘The science isn’t there’: critics worry pot legislation could face constitutional challenges

‘The science isn’t there’: critics worry pot legislation could face constitutional challenges

With just over nine months to prepare for the impending legalization of marijuana across Canada, politicians and law enforcement still have concerns about proposed legislation, especially regarding impaired driving.

The federal government tabled two pieces of marijuana legislation in April; one to regulate recreational use, sales and cultivation, the second to address impaired driving. But critics are concerned the law will face constitutional challenges.

“The science isn’t there to indicate when impairment occurs,” Kyla Lee, a Vancouver-based criminal lawyer told Gloria Macarenko, host of B.C. Almanac.

Currently, the only roadside test for marijuana impairment is physical assessment by an officer, such as testing a driver’s ability to balance, as there are no breathalyzer-like devices that measure marijuana impairment.

Even if such a device were employed, critics have said that setting a legal limit for THC in the blood may not accurately indicate impairment, as some people tolerate the drugs differently, and THC can be present in urine for weeks after consumption.

“People who are using marijuana for a legitimate medical purpose are going to be negatively impacted by the policy. They’re either going to be choosing between their medicine or working, which is not fair,” Lee said.

 

BC Almanac host Gloria Macarenko interviews Kyla Lee (starts at 04:20)

 

Read the full interview with Kyla Lee on CBC:
http://www.cbc.ca/news/canada/british-columbia/the-science-isn-t-there-critics-worry-pot-legislation-could-face-constitutional-challenges-1.4290610

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