# Is the legalization of Cannabis in Canada a big deal for you?

**URL:** <https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229>\
**Category:** In My Humble Opinion\
**Created:** [October 19, 2018, 10:00pm UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229 "2018-10-19T22:00:28Z")\
**Posts on this page:** 13\
**Page:** 5

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**Author:** ![MichaelEmouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michaelemouse/32/101_2.png) [@MichaelEmouse](https://boards.straightdope.com/u/MichaelEmouse)\
**Post date:** [October 26, 2018, 4:13am UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/82 "2018-10-26T04:13:53Z")

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I was wrong. Thanks.  
Reading the regs, I may be missing something: What is the penalty or liability for arrest if someone is intoxicated but not a danger to the safety of any person? I’ve got a difficult time seeing someone get arrested for walking home drunk or talking a walk during an office Christmas party.

Quebec looks set to be one of the tightest provinces when it comes to pot yet that’s going to be a joke during the jazz festival and the Saint-Jean.

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**Author:** ![Spoons](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spoons/32/3141_2.png) [@Spoons](https://boards.straightdope.com/u/Spoons)\
**Post date:** [October 26, 2018, 8:55am UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/83 "2018-10-26T08:55:40Z")

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> [@MichaelEmouse](#):
>
> Reading the regs, I may be missing something: What is the penalty or liability for arrest if someone is intoxicated but not a danger to the safety of any person? I’ve got a difficult time seeing someone get arrested for walking home drunk or talking a walk during an office Christmas party.

I can’t see any. If the person is able to walk home–or stagger out of a bar and can hail a taxi–or navigate the subway stairs or catch a bus–or whatever; then the police will generally leave them alone. It’s not worth their time or trouble to deal with somebody, who–while probably loaded–is capable of moving on peaceably.

That being said, it’s the ones who do not move on peaceably, or who present a danger to themselves or others, who attract the attention of police. The guy who collapses in the middle of the street is a danger to himself and passing cars. The guy who, after a dozen beers, challenges everybody in the bar to a fight. These people present a danger to themselves or others. Compared to these though, it is understandable that the intoxicated person who presents no danger will pretty much be left alone.

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**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\
**Post date:** [October 26, 2018, 10:03am UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/84 "2018-10-26T10:03:10Z")

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> [@MichaelEmouse](#):
>
> I was wrong. Thanks.  
> Reading the regs, I may be missing something: What is the penalty or liability for arrest if someone is intoxicated but not a danger to the safety of any person? I’ve got a difficult time seeing someone get arrested for walking home drunk or talking a walk during an office Christmas party.

Potential repercussion for violation of s. 31 (4): trip to a hospital, residential treatment for up to 90 days, and/or a fine from $200 to $100,000, but not imprisonment.

Note that Ontario’s act does not define intoxicated. That is up to the judge and will be based on there being indications of intoxication. Whether or not police get involved, and the degree to which they get involved, will depend on the situation (see Spoon’s post).

> [@](#):
>
> \*\*36 (1) A police officer who finds a person apparently in contravention of subsection 31 (4) may take the person into custody and, in lieu of laying an information in respect of the contravention, may escort the person to a hospital designated by the regulations.
> 
> . . . .
> 
> Detention in institution
> 
> 37 (1) If it appears that a person in contravention of subsection 31 (4) may benefit therefrom, the court making the conviction may order the person to be detained for treatment for a period of ninety days or such lesser period as the court thinks advisable in an institution designated by the regulations.
> 
> Idem
> 
> (2) If, at any time during a person’s period of detention ordered under subsection (1), the superintendent of the institution is of the opinion that further detention in the institution will not benefit the person, the superintendent may release the person. R.S.O. 1990, c. L.19, s. 37.
> 
> Consent to treatment
> 
> (3) An order under subsection (1) does not authorize the administration of a treatment without consent, if consent to the treatment is required under the Health Care Consent Act, 1996. 1996, c. 2, s. 69 (2).  
> Offences
> 
> 61 (1) A person is guilty of an offence if the person,
> 
> . . . .
> 
> (c) contravenes any provision of this Act or the regulations. R.S.O. 1990, c. L.19, s. 61 (1).
> 
> . . . .
> 
> Penalties
> 
> (3) Upon conviction for an offence under this Act, other than a contravention of subsection 30 (1), (2), (3), (4) or (4.1),
> 
> . . . .
> 
> (b) an individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or both. 1997, c. 10, s. 24; 1998, c. 24, s. 14 (1).
> 
> . . . .
> 
> Exception
> 
> (3.1) An individual who is convicted of an offence under subsection 31 (2) or (4) is not liable to imprisonment. 1993, c. 31, s. 4.

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**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\
**Post date:** [October 26, 2018, 1:13pm UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/85 "2018-10-26T13:13:27Z")

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> [@Crazy\_Canuck](#):
>
> This is a load of crap. White middle and upper class Canadians usually didn’t get arrested for smoking pot, but I sure know a metric fuckton of aboriginal, poor or homeless people who ended up with criminal records for simple possession.

Hey, I didn’t say racism was a thing of the past.

Charges for pot possesssion were, and still are, a matter of how much you have - but that interpretation has always been tilted based on race, and that isn’t going to change. The law still allows for people to be charged with crimes for exceeding the very small maximums, and you better believe it will be curiously common for minorities to be hit with that.

I have a feeling this isn’t going to work out all that great. The rules around what you are and aren’t supposed to do will result in a lot of charges laid against people who honestly didn’t know they were breaking the law, and the highly restrictive nature of pot sales will mean criminals will still make good dough from producing and selling it.

The government is more or less following the booze pattern of control, which is logical up to a point. The thing is, it also makes no sense. Booze is HARD TO MAKE. Some kinds of booze are hard, and some are impossible, to make on a surreptitious, underground basis. You can produce some pretty bad wines and hooches in your basement but some kinds of liquor, and basically any kind of drinkable beer, cannot be made at scale without a huge amount of effort and a lot of know-how. The odds of me successfully making a quality lager or scotch without someone knowing about it are exactly zero; you cannot just produce Krombacher or Talisker in your basement with stuff you picked up at Home Depot. Weed can be made with a patch of dirt and a watering can, and anyone with a patch of dirt and a seed can grow weed of the highest quality for, really, no cost.

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**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [October 26, 2018, 2:18pm UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/86 "2018-10-26T14:18:03Z")

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> [@RickJay](#):
>
> Hey, I didn’t say racism was a thing of the past.
> 
> Charges for pot possesssion were, and still are, a matter of how much you have - but that interpretation has always been tilted based on race, and that isn’t going to change. The law still allows for people to be charged with crimes for exceeding the very small maximums, and you better believe it will be curiously common for minorities to be hit with that.

For the vast majority of smokers, 30 grams is not a very small maximum. Even heavy smokers aren’t going to be walking around with that much.

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**Author:** ![Gorsnak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gorsnak/32/7587_2.png) [@Gorsnak](https://boards.straightdope.com/u/Gorsnak)\
**Post date:** [October 27, 2018, 2:05am UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/87 "2018-10-27T02:05:37Z")

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Real, actual, not made up headline on CBC:

[Quebec cannabis stores to close 3 days a week due to chronic shortages](https://www.cbc.ca/news/canada/montreal/quebec-cannabis-stores-to-close-3-days-a-week-due-to-chronic-shortages-1.4880033)

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**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\
**Post date:** [October 27, 2018, 2:25am UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/88 "2018-10-27T02:25:13Z")

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Well at least we don’t have to worry about the Great Cheeto going all anti-supply-management on us.

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**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\
**Post date:** [October 29, 2018, 1:01pm UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/89 "2018-10-29T13:01:49Z")

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> [@Gorsnak](#):
>
> [Quebec cannabis stores to close 3 days a week due to chronic shortages](https://www.cbc.ca/news/canada/montreal/quebec-cannabis-stores-to-close-3-days-a-week-due-to-chronic-shortages-1.4880033)

The legislature and relevant ministry should investigate this in a joint committee.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [October 29, 2018, 3:06pm UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/90 "2018-10-29T15:06:48Z")

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😃

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**Author:** ![Gorsnak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gorsnak/32/7587_2.png) [@Gorsnak](https://boards.straightdope.com/u/Gorsnak)\
**Post date:** [October 29, 2018, 5:16pm UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/91 "2018-10-29T17:16:26Z")

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> [@RickJay](#):
>
> The legislature and relevant ministry should investigate this in a joint committee.

Damn straight. This country will go to pot if these cannabis supply issues aren’t sorted out.

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**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\
**Post date:** [October 29, 2018, 5:24pm UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/92 "2018-10-29T17:24:15Z")

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> [@Gorsnak](#):
>
> Damn straight. This country will go to pot if these cannabis supply issues aren’t sorted out.

To be blunt the various state and national agencies dopes need to become buds in reefing in this issue and really get into the weeds to sort out the problem and get it in the bag and on track…

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**Author:** ![Gorsnak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gorsnak/32/7587_2.png) [@Gorsnak](https://boards.straightdope.com/u/Gorsnak)\
**Post date:** [October 29, 2018, 5:30pm UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/93 "2018-10-29T17:30:55Z")

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Dude, there’s a shortage! One pun per post maximum!

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**Author:** ![Williams](https://avatars.discourse-cdn.com/v4/letter/w/f1d935/32.png) [@Williams](https://boards.straightdope.com/u/Williams)\
**Post date:** [October 31, 2018, 12:08pm UTC](https://boards.straightdope.com/t/is-the-legalization-of-cannabis-in-canada-a-big-deal-for-you/823229/94 "2018-10-31T12:08:58Z")

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It doesn’t matter to me, but some of my best friends are happy. So, I support them.

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