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.
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.
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).
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.
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…