Canada's legal weed not welcome in US

Bob Gross | Times Herald

PORT HURON, Mich. – Marijuana will be legal nationwide in Canada on Oct. 17, but don't expect a grassroots tourism effort to put a dent in the balance of trade or even chill out a simmering trade war between the two countries.

Authorities do not expect a major flow of Americans over the Blue Water Bridge in Ontario looking for a legal high.

And they warn that people who try to bring in a souvenir of their stay in Canada, or who come back to the United States with a buzz on, could be subject to criminal charges if they're caught.

Provincial and federal governments in Canada still are ironing out the details of how legalized marijuana will work. Ontario has set up the Ontario Cannabis Retail Corporation, which holds a monopoly on legal recreational marijuana sales.

More: Recreational marijuana now legal in Vermont

More: Canada passes legislation legalizing marijuana, sales expected within 12 weeks

According to information on the OCRC website, the locations of the first four stores were announced as being in Guelph, Kingston, Toronto and Thunder Bay.

Chatham-Kent, London and Windsor are among the first 29 municipalities selected for stores.

According to information about marijuana tourism in Canada posted on the Potent website:

The stores will not sell edible marijuana products until the federal government begins regulating them.

Only people 19 and older can buy and consume cannabis and only in private homes.

People won't be allowed to use marijuana in public, at work, or in cars, trucks and boats.

Motorists who drive stoned could face stiffer fines and more jail time.

Up to 30 grams (about one ounce) of cannabis can be carried without penalty.

Regardless of what goes on in Canada and in some states, however, marijuana remains illegal under U.S. federal law.

"U.S. Customs and Border Protection enforces the laws of the United States," Customs and Border Patrol spokesman Gregory Welch said in an email statement.

"Although medical and recreational marijuana may be legal in some U.S. states and Canada, the sale, possession, production and distribution of marijuana all remain illegal under U.S. federal law. Consequently, crossing the border with marijuana is prohibited and could potentially result in seizure, fines, and apprehension," he said.

He said CBP officers will be alert for people potentially driving under the influence of marijuana.

"CBP works closely with state and local law enforcement partners," he said in the statement. "If an individual is suspected of driving under the influence, CBP will coordinate response with the proper local authorities.

"CBP officers are highly trained to detect the illegal importation of narcotics. CBP’s mission to prevent this illegal importation will remain unchanged."

Capt. Mat King of the St. Clair County Sheriff's Office said there are concerns about people consuming cannabis legally in Canada, then driving stoned to the U.S.

"Certainly there is the potential because they are free to smoke it recreationally there," he said. "The worries are that they feel it's OK to drive home.

"We've seen an uptick over the years, because of medical marijuana, of people driving under the influence of marijuana.

"It's not legal to drive while under the influence of marijuana," he said.

He said the sheriff's office has officers trained to recognize the physical indications that someone is under the influence of drugs, such as eye movement and pupil dilation. An officer can ask a suspect to consent to a blood test, he said, or can seek a warrant for a blood test if the consent is not given.

"If you purchase it legally in Canada, it doesn't make it legal for you to have it over here," King said. "Different countries, different laws."

Michigan voters, however, will have the chance Nov. 6 to vote to legalize recreational marijuana, which would render moot trips across the border for a legal high.

According to a Detroit Free Press article, people would have to be 21 or older to to smoke, consume or apply cannabis products.

The proposal would:

Legalize the possession and sale of up to 2.5 ounces of marijuana for personal, recreational use for people over the age of 21. A person could keep up to 10 ounces of marijuana at home.

Tax marijuana sales with a 10 percent excise tax at the retail level as well as the state's 6 percent sales tax.

Split those revenues, with 35 percent going to K-12 education, 35 percent to roads, 15 percent to the communities that allow marijuana businesses in their communities and 15 percent to counties where marijuana business are located.

Allow communities to decide whether they’ll allow marijuana businesses in their towns.

Require testing and safe transportation of marijuana in the state.

Allow for three categories of marijuana grow operations: up to 500 plants, up to 1,000 plants or up to 2,000 plants.

Have the Department of Licensing and Regulatory Affairs set the rules surrounding recreational use of marijuana and take the lead in handing out licenses. Under the current medical marijuana law, a five-member board appointed by the governor, Senate majority leader and speaker of the House award licenses to medical marijuana businesses.

In states that allow recreational marijuana sales and use, people still can face discipline or termination if they fail an employer's drug test.

Contributing: Detroit Free Press

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