Marijuana possession charge

[wildbill]

With the legalization of marijuana right around the corner, will preexisting possession charges go away? Or will people have criminal records for something that’s legal?

[TrapperMike]

It’s illegal right now so if you do it right now your committing a crime and will have a criminal record. Same as if you speed thru a 30 mph zone on Monday and they change the speed limit to 40 mph the next Friday, your still guilty of speeding last Monday.

[BloodHound70]

Have to say Mike, that is a pretty good explanation.............

BH

[Sundancefisher]

Charges will remain. You will need to apply for a pardon. Pay the fee and wait.

US may have already stored your name in their system. That would not need to be purged. Plus legally you may need to admit the charge even if pardoned when crossing the border.

That being said...Justin may in the future waive a magic pardon wand because his dead brother had a conviction.

[silver]

I am going to say that if you have been charged in the past and have gone to court, you will have a criminal record.

If you are charged now, go to court after the new law comes in, you won't have a record.

[bat119]

Yup
You are criminal for life even if you get your record expunged, the US will always have your record on file they don't forgive anybody ever.

A good example is a friend of mine busted with a few grams in 1974 and had a DUI in 1991 he paid $1000 for Canadian pardon only to find out US customs doesn't honor Can. pardons trip cancelled.
He paid another $1000 US for a waiver that must be renewed every 5 years at the same cost it also includes a very stern interview with an what he described as exmarine that called him a career criminal with a record that spans almost a 20 year period.
The electric lettuce isn't always fun

[Joe Quiroga]

Originally Posted by bat119

Yup
You are criminal for life even if you get your record expunged, the US will always have your record on file they don't forgive anybody ever.

A good example is a friend of mine busted with a few grams in 1974 and had a DUI in 1991 he paid $1000 for Canadian pardon only to find out US customs doesn't honor Can. pardons trip cancelled.
He paid another $1000 US for a waiver that must be renewed every 5 years at the same cost it also includes a very stern interview with an what he described as exmarine that called him a career criminal with a record that spans almost a 20 year period.
The electric lettuce isn't always fun

Only if you attempted to cross or have crossed before your pardon. If you've never crossed before getting your pardon they won't have any record of it.

[bat119]

Originally Posted by Joe Quiroga

Only if you attempted to cross or have crossed before your pardon. If you've never crossed before getting your pardon they won't have any record of it.

The US has access to all records on the CPIC system just because Canada removes your record the US will retain their copy. If they don't have your record how would they catch you?

[Joe Quiroga]

Originally Posted by bat119

The US has access to all records on the CPIC system just because Canada removes your record the US will retain their copy. If they don't have your record how would they catch you?

I just went through all this and the fee was 631 not 1000. If you've never given them reason to pull your name before the pardon they won't have any info stored on you and when they pull from the CPIC nothing should show up.

You should keep in mind that if a USA border agent has viewed your criminal record prior to receiving a pardon or purge / file destruction then that information will remain available in USA criminal record systems and a clear criminal record in Canada will no longer help you.

That is from the National Pardon Center.

Edit> There was also a 50.00 finger printing fee at the cop shop but they generously waived it for me as nothing I had was very serious and quite old.

[muledriver]

Originally Posted by bat119

The US has access to all records on the CPIC system just because Canada removes your record the US will retain their copy. If they don't have your record how would they catch you?

My guess is yes, based listening to RCMP traffic stops where vehicles are from the US, and they certainly have access to NCIS records. The North American Security Perimeter means US and Canada's systems are pretty intregrated.

[Grizzly Adams]

The concise version is, you're gonna pay and pay and pay.

Grizz

[bat119]

I just talked to my buddy he did get stopped at the border before he got his waiver it was almost $1000 Can. not US.
When I worked at Estevan we crossed the border couple times a week almost every carload had somebody that was refused including one guy that resisted arrest in 1963.

I would suggest that anybody has a record to get fixed before attempting to cross the border. Buddy was going on a cruise confident his Canadian pardon would get him across the border an epic fail

[Talking moose]

Pardons are only recognized in Canada. Great for getting jobs etc.... you want a waiver if you want to travel.

[philintheblank]

IIRC there was an article about the government considering expunging low level possession charges.

cant find the article now. I would not be apposed to people, who got busted with a joint, getting a clean record again. Especially if it is causing them hardship in finding work or anything like that.

trafficking charges or other gang related crap, they can live with those choices.

[silverdoctor]

Originally Posted by philintheblank

IIRC there was an article about the government considering expunging low level possession charges.

cant find the article now. I would not be apposed to people, who got busted with a joint, getting a clean record again. Especially if it is causing them hardship in finding work or anything like that.

trafficking charges or other gang related crap, they can live with those choices.

Down the road, maybe...

https://globalnews.ca/news/3402274/a...n-convictions/

Prime Minister Justin Trudeau hinted at a way out, without quite committing to it: pardoning at least some of the million or so Canadians with marijuana convictions next year, after legalization takes effect.

[Scott N]

Originally Posted by Talking moose

Pardons are only recognized in Canada. Great for getting jobs etc.... you want a waiver if you want to travel.

I think this is correct... a Pardon is for matters in Canada, not for travel.

[brendan's dad]

4(1) CDSA charge (weed possession) has been a "summary" offense only for the past 10+ years, which means there is no criminal record entry upon conviction.

[EZM]

I know that a co-worker, Canadian, who transferred into a position within our company (based the US) with a criminal record had zero issues travelling or obtaining a permanent residency.

I think it depends on the charge - I'm pretty certain his was a fine payment for a DUI/Pot or something like that - so not a major crime.

So it might have more to do with the "classification" of the crime like a summary misdemeanour versus a felony kinda thing.

[FishOutOfWater]

Wow... Lots of misinformed members. Joe Quiroga is the only one here that seems to know what he's talking about.
Someone very close to me is currently doing all the Police & Court forms to get his "criminal record suspension".
Almost $900 all said 'n done, including the ~$640 Gov't processing fee...

Like someone mentioned, if you don't/didn't get pulled into secondary @ USCBP before your "suspension" is complete, they don't have your record.


https://www.canada.ca/en/parole-boar...spensions.html

[Sundancefisher]

Originally Posted by FishOutOfWater

Wow... Lots of misinformed members. Joe Quiroga is the only one here that seems to know what he's talking about.
Someone very close to me is currently doing all the Police & Court forms to get his "criminal record suspension".
Almost $900 all said 'n done, including the ~$640 Gov't processing fee...

Like someone mentioned, if you don't/didn't get pulled into secondary @ USCBP before your "suspension" is complete, they don't have your record.


https://www.canada.ca/en/parole-boar...spensions.html

Anyone who thinks the US doesn’t have a complete copy of the Canadian arrests records and vice versa is fooling themselves.

Only trying will prove otherwise. Being caught lying would mean permanent ban.

[Kurt505]

It's never going to be legal, that was just justins way of covering all the demographics to get all their votes.


"I'll legalize pot", and that's about as much thought as he put in it.

[Weedy1]

Pardons aside, anyone that was ever fingerprinted will have an FPS# associated with their name. Maybe someone, with proper credentials, can comment on whether foreign governments have access to this information and or whether this information is sealed when a pardon is received.

http://www.rcmp-grc.gc.ca/atip-aiprp...ib-frp-eng.htm

This information is used by domestic and foreign law enforcement and investigative agencies of federal/provincial/territorial, state and municipal governments, departments of the criminal justice system and the courts, in the administration or enforcement of the law and in the detection, prevention or suppression of crime generally. This information is also used by insurance crime prevention bureaus for the purpose of combating arson, auto theft and related offences. It is also used by the Canadian federal / provincial / territorial/ municipal agencies, private companies, and non-profit organizations when authorized by the individual for security and reliability screening and by the Canadian Security Intelligence Service for the purposes of investigating threats to the security of Canada and the preparation of security assessments. This information is also used for research planning, evaluation and audit, statistical purposes and may be matched with information from other personal information banks and/or program records. All linkages for the purpose of administration or enforcement of the law and in the detection, prevention or suppression of crime are in compliance with the provisions of the Privacy Act. Fingerprints taken under authority of the Immigration and Refugee Protection Act are used for immigration investigative and identification purposes. RCMP employee fingerprints are used to assist in the maintenance of continuously updated security/reliability clearances.

[brendan's dad]

Originally Posted by brendan's dad

4(1) CDSA charge (weed possession) has been a "summary" offense only for the past 10+ years, which means there is no criminal record entry upon conviction.

Bill was repealed in 2003. Disregard. Guess you still get a Criminal Record.