Operating a vehicle while having marijuana accessible ticket

brandon.smith786
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Operating a vehicle while having marijuana accessible ticket

by: brandon.smith786 on
Sat Apr 20, 2019 3:38 am

Hey guys,

So i got a ticket for Operating a vehicle while having marijuana accessible. I just want to know if this ticket affects insurance or not?


Back Story:
I was hanging out in a parking lot with my friends. The guys in the other car were smoking weed and I was just in my car eating. All of a sudden two police cars come and they walk by and said they smell marijuana. They asked me if I had any weed in the car and I said "I don't have any". Then they asked my passenger in the backseat and he said "Yeah, I have some on me" and he showed them.

Following that, the officer said "Well you do know the driver of the vehicle can get charged because of you having this". I'm like: "I'm not driving the car, the car is turned off, it's parked and the keys are not even in the ignition". He said "well is this your car?" I said "yea" he said "kk than you can still get charged for this".

I told him he can test me if he wants, I'm completely sober so and the vehicle was turned off, the keys were not even in the ignition so I don't understand how he's writing me a ticket. He said he does not care if I was sober or not, he cares about the fact that I have weed accessible to me.

Is this a valid reason for him to give me a ticket? I believe he shouldn't have gave me the ticket because my vehicle was not even operating at the time, it was parked. Also will this ticket increase my insurance premium? I do not find anything related to demerit points with this ticket. This ticket also isn't under the Highway Traffic Act. It is under the Cannabis Control Act 2017.

Any advise?
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by: bend on
Sat Apr 20, 2019 10:17 am

These are the new rules they made to coincide with the legalization of cannabis. They are basically the laws for alcohol, except for cannabis. You should be transporting your weed exactly like alcohol because the rules are pretty identical.

Transporting cannabis
12 (1) No person shall drive or have the care or control of a vehicle or boat, whether or not it is in motion, while any cannabis is contained in the vehicle or boat.

Exception
(2) Subsection (1) does not apply with respect to cannabis that,

(a) is in its original packaging and has not been opened; or

(b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle or boat. 2018, c. 12, Sched. 1, s. 12 (1).

I couldn't tell you how this would impact your insurance.
brandon.smith786
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by: brandon.smith786 on
Mon Apr 22, 2019 12:41 am

Yeah, I just feel like this law is pretty bs. Do they expect me to pat down every single passenger that goes inside my vehicle and make sure they don't have cannabis on them? It makes no sense to charge someone innocent who doesn't even smoke weed and just minding his own business.

I am honestly just losing faith in police officers. They just always seem to be trying to ruin peoples day who aren't even harming anyone.

My major concerns are this.
1) Since this is a cannabis related ticket and it is on my record. Will it cause me any trouble when I am crossing the border? I travel to the states every summer and I feel like this would give me some trouble in border patrol.

2) Will this affect my insurance premium?

Does anyone know any good paralegal/lawyer that could fight this and get it dismissed? Most paralegals I spoken too said that this ticket is sorta a uphill battle and it is hard to really win if the officer shows up to court. I know there are paralegals out there who will do whatever they can to win.. those are the ones I am looking for. If there are any recommendations, please leave them below.

Thanks.
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