I am going to Canada – Can I bring my cannabis?

I am going to Canada – Can I bring my cannabis?

Borders and Cannabis and Money

Ferengi Rule of Acquisition #41. Profit is its own reward.

If you bring your own cannabis to Canada. How does the Canadian government profit? 

They don’t so they will punish you if you get caught.

It’s simple. It’s about the money. That is the only reason it is now legal.

Cannabis Legalization in Canada

On October 17, 2018, Canada made a significant policy shift by legalizing marijuana for recreational use. The Cannabis Act came into effect, allowing Canadians to possess and use cannabis for non-medical purposes. However, there are still some important considerations:

Possession and Use: Canadians can legally possess and consume weed, subject to restrictions on the amount and how it was purchased. This includes various forms of cannabis, such as dried flower, edibles, extracts, and topicals.

Transportation Across the Border: Despite legalization within Canada, it remains strictly prohibited to transport cannabis across the Canadian border. This applies whether you’re entering Canada from another country or leaving Canada for another destination.

The ban includes all forms of cannabis products, even if you’re authorized to use it for medical purposes.

It’s essential to understand that this law applies even if cannabis is legal in both the source and destination countries.

You’re Not Welcome Here in Canada

Inadmissibility Due to Cannabis Conviction: If you ever find a reason to go to Canada and there aren’t that many. If you have a prior arrest or cannabis conviction, there’s a chance you may be turned away at the Canadian border. A DUI? Just stay home.

If you really must go. Seeking legal advice from an immigration expert is advisable in such cases.

Cannabis Legalization in Michigan

Michigan, too, has embraced cannabis legalization. However, there are nuances to be aware of:

  1. Legalization Status: As of now, it’s no longer against the law to own or grow marijuana in Michigan. However, retail stores didn’t open until 2021. Michigan citizens can legally cultivate up to 12 cannabis plants, compared to the limit of four in Ontario, Canada.
  2. Crossing the Border: Despite both Michigan and Canada legalizing cannabis, it’s still illegal for those in Michigan to buy cannabis in Canada and cross the border with marijuana. This issue affects Americans living near the border who might be tempted to take advantage of Canada’s nationwide legalization.

Conclusion

While cannabis enthusiasts can enjoy legal weed in both Canada and Michigan, crossing the border with it remains a complex matter. Whether you’re traveling north or south, leave your cannabis behind to avoid legal complications. Remember, the laws differ between countries, and what’s permissible in one place might not be in another. Stay informed and enjoy responsibly!

Disclaimer: This article provides general information and should not be considered legal advice. Always consult legal professionals for specific guidance.

 

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Terry Stop and Refusal to Identify Yourself to Police

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From Canada.ca  The official website of the Government of Canada

Drugs, alcohol and travel

It is illegal to take cannabis – including products containing cannabis, such as edible cannabis, cannabis extracts and cannabis topicals, and all products containing CBD – across the Canadian border, whether you are entering or leaving the country:

  • No matter how much cannabis you have with you.
  • Even if you use cannabis for medical purposes in any form, including cannabidiol (CBD), unless authorized by Health Canada.
  • Even if you are travelling to or from a municipality, state or country where cannabis has been legalized or decriminalized.

At your destination

If you travel to other countries, including the United States, with any amount of cannabis in your possession, you could:

  • be charged with a criminal offence (This applies to all countries, whether cannabis is legal there or not.)
  • be denied entry at your destination if you have previously used cannabis or any substance prohibited by local laws
  • be denied entry to other countries in the future

It is your responsibility to learn about the laws, including the legal status of cannabis use and possession, in your destination country.

If you are travelling for business related to the cannabis industry, contact the foreign government office in Canada of the country you plan to visit.

For more information, consult our Travel Advice and Advisories.

Returning to Canada

It is illegal to enter Canada with cannabis, unless you have a prescription for a medication containing cannabis authorized by Health Canada.

If you are entering Canada and have cannabis with you in any form, you must declare it to the Canada Border Services Agency.

Not declaring cannabis in your possession at the Canadian border is a serious criminal offence. You could be arrested and prosecuted.

This information is taken directly from the Canadian Gov website section Drugs, alcohol and travel.

The Law

750.553 Occupancy of building without consent; violation; penalty; exception.

Sec. 553.

    (1) Except as provided in subsection (2), an individual who occupies a building that is a single-family dwelling or 1 or both units in a building that is a 2-family dwelling and has not, at any time during that period of occupancy, occupied the property with the owner’s consent for an agreed-upon consideration is guilty of a crime as follows:
    (a) For a first offense, a misdemeanor punishable by a fine of not more than $5,000.00 per dwelling unit occupied or imprisonment for not more than 180 days, or both.
    (b) For a second or subsequent offense, a felony punishable by a fine of not more than $10,000.00 per dwelling unit occupied or imprisonment for not more than 2 years, or both.
    (2) Subsection (1) does not apply to a guest or a family member of the owner of the dwelling or of a tenant.

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Squatters in Michigan

Squatters in Michigan

Squatters

Squatting, in one definition is the unauthorized occupation of a property, can be a frustrating ordeal for property owners in Michigan. Understanding the relevant laws and procedures is crucial for regaining possession of your property.

Squatting vs. Adverse Possession: Key Differences

Michigan law differentiates between squatting and adverse possession. Squatting refers to the unlawful occupation of a property without the owner’s consent. In contrast, adverse possession allows someone who isn’t the legal owner to gain ownership rights under specific circumstances, as outlined in MCL § 600.5801. To establish adverse possession, an occupant must demonstrate:

  • Continuous occupancy: Occupying the property for at least 15 consecutive years (MCL § 600.5801(1)).
  • Color of title: Possessing a document, though potentially flawed, that suggests ownership (MCL § 600.5801(2)). However, simply paying rent or utilities doesn’t constitute color of title.
  • Payment of property taxes: Paying property taxes for at least ten consecutive years (MCL § 600.5801(2)).

Open, notorious, and hostile possession: Occupying the property openly, demonstrably, and claiming it as their own, even if mistakenly (MCL § 600.5801(3, 4)).

The burden of proof lies with the squatter to establish adverse possession. Notably, Michigan courts have interpreted these requirements strictly, making it difficult for squatters to gain ownership rights.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Self-Help Eviction: A Unique Feature in Michigan

Michigan offers a unique remedy for property owners facing squatters: self-help eviction. Unlike most states, Michigan law allows owners to take specific steps to make the property unappealing for squatters, encouraging them to leave voluntarily.

Important Caveats: It’s crucial to note that self-help eviction has limitations:

No removal of belongings: Owners cannot remove the squatter’s belongings or physically force them out.

Tenant vs. squatter: This method only applies to squatters, not tenants with a valid lease agreement. Evicting tenants requires a formal eviction process through the court system.

Potential legal repercussions: Improper use of self-help measures could result in legal action from the squatter. Consulting an attorney before taking any steps is highly recommended.

Getting Rid of Squatters

If you discover that someone unauthorized is occupying your property, contact the police. However, be aware that the police may consider it a civil issue and advise you to pursue eviction through the courts. It is important to note that squatting is considered a misdemeanor in Michigan, even if law enforcement may not be fully aware of this fact.

Instead of waiting on or dealing with the police, property owners in Michigan can take action to remove illegal occupants within the limits of the law:

 

  • Kindly request the squatter to vacate the premises within a specified timeframe.
  • Notify the squatter that legal measures will be pursued if they fail to comply promptly.
  • While the squatter is away from the property, consider changing the locks, securing entry points, boarding up windows, and implementing additional barriers like fences to prevent re-entry.

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Criminal Trespass: Legal Ramifications of Squatting

Squatting in Michigan is considered criminal trespass under MCL 750.553. This statute classifies trespassing as a misdemeanor for first offenses, punishable by fines up to $5,000 or imprisonment for up to 180 days, or both. Subsequent offenses become felonies with steeper penalties.

There are additional trespassing classifications based on the property type:

  • Residential property: Trespassing on a single-family or two-family dwelling is typically a misdemeanor.
  • Commercial property: Trespassing on commercial buildings, industrial sites, construction zones, or utility property can be charged as a felony.

Property owners who suspect squatting should contact law enforcement. Officers can remove squatters if they lack a legal right to be on the property.

The Law

750.553 Occupancy of building without consent; violation; penalty; exception.

Sec. 553.

    (1) Except as provided in subsection (2), an individual who occupies a building that is a single-family dwelling or 1 or both units in a building that is a 2-family dwelling and has not, at any time during that period of occupancy, occupied the property with the owner’s consent for an agreed-upon consideration is guilty of a crime as follows:
    (a) For a first offense, a misdemeanor punishable by a fine of not more than $5,000.00 per dwelling unit occupied or imprisonment for not more than 180 days, or both.
    (b) For a second or subsequent offense, a felony punishable by a fine of not more than $10,000.00 per dwelling unit occupied or imprisonment for not more than 2 years, or both.
    (2) Subsection (1) does not apply to a guest or a family member of the owner of the dwelling or of a tenant.

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Vehicle Forfeiture in Canada – The Process of Taking

Vehicle Forfeiture in Canada – The Process of Taking

Thank You… and have a nice day eh!

Disclaimer: We are not Attorneys in Canada.  This is an article of information obtained from various sources and presented here. We can only assume they are accurate.  If you ever find a reason to go to Canada and need a lawyer…we wish you luck. Assume you do not have the rights a Canadian citizen would have and only be given basic human rights.

In Canada, vehicle forfeiture is a legal process that allows the government to permanently take possession of a vehicle. Let’s explore the reasons behind vehicle forfeiture and the steps involved.

Reasons for Vehicle Seizure:

Commission of a Crime:

  • Law enforcement agencies, such as the Royal Canadian Mounted Police (RCMP), can seize a vehicle temporarily if it is being used in the commission of a crime or if it serves as evidence of a crime.
  • Additionally, vehicles may be seized if they are abandoned or driven by someone prohibited from driving.

Violation of Laws or Regulations:

  • Vehicles can be seized if their owners violate certain laws or regulations. Examples include driving without valid insurance or registration or possessing a learner’s permit without an appropriate accompanying driver.

Vehicle Forfeiture:

Permanent Taking:

  • Vehicle forfeiture occurs after a legal process, usually when the vehicle was used in a crime or represents proceeds of crime (e.g., drug trafficking, money laundering).
  • Unlike seizure, forfeiture results in the permanent loss of the vehicle to the government.

Notification and Claim Process:

  • When a vehicle is seized, the owner is notified of the seizure and provided with information about the reason.
  • If the vehicle is not needed as evidence, the owner can reclaim it by following these steps:
    1. Contact the agency that seized the vehicle for specific requirements.
    2. Prove ownership with documentation (e.g., vehicle registration, bill of sale).
    3. Pay any fines or fees associated with the seizure.
    4. Retrieve the vehicle.

APPEALS in STATE or FEDERAL COURT
When you need to appeal a decision you feel is wrong.
Call Komorn Law
 (248) 357-2550

Civil Forfeiture Laws:

  • Canada’s civil forfeiture laws allow provincial governments to seize property without compensation when it is suspected of being used to commit an illegal act or acquired through illegal means.

 

Conclusion:

Understanding the difference between vehicle seizure and forfeiture is crucial. If your vehicle is subject to forfeiture, seek legal representation to navigate the process and protect your rights.

For more detailed information, you can refer to the full article.

Please note that this summary provides an overview, and it is recommend you consult legal professionals for personalized advice. 

Does Canada follow the US Constitution?

The U.S. Constitution spells out the specific powers of Congress, leaving everything else to the states. The Canadian Constitution does the opposite.

Provinces are limited to the powers explicitly given them by the Canadian Constitution and everything else is under the purview of the federal Parliament.

Canadian Bill of Rights

The Canadian Encyclopedia
The Canadian Bill of Rights recognizes the rights of individuals to life, liberty, personal security, and enjoyment of property. (It does not recognize “possession” of property, …

Want to learn more about the Canadian Charter of “Rights and Freedoms”.
Go here —> Guide to the Canadian Charter of Rights and Freedoms

In the FEDERAL COURT SYSTEM
When you need to go on the offense – to put the prosecution on defense
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People v Williams Michigan COA – Police CPL Check

People v Williams Michigan COA – Police CPL Check

People v Williams
Michigan Court of Appeals
No 365299 (04/18/24)

MCL 28.425f permits a police officer to ask a person observed to be carrying a concealed weapon to produce their concealed pistol license (CPL) at any time and for any reason.

Makes possession of a concealed weapon a presumptive crime

Further, MCL 750.227 makes possession of a concealed weapon a presumptive crime, which can be rebutted by the suspect producing their CPL. Thus, a police officer has reasonable suspicion to  approach a person and ask for proof of a CPL after observing a bulge in the person’s clothing indicative of a hidden firearm.

The trial court’s order granting defendant’s motion to suppress is reversed.

About it

Michigan Court of Appeals Case No. 365299, People v Williams, centers on a warrantless search and subsequent arrest. The details of the case are not explicitly mentioned in the available information, but the legal reasoning behind the decision is referenced.

The case cites MCL 750.227, which prohibits carrying a concealed pistol without a license. It also references previous cases (Henderson and Williams) that established the legality of a warrantless search under the “automobile exception” when there’s reasonable suspicion of a crime.

The relevant part of People v Williams seems to focus on justifying a traffic stop. The court apparently determined that an informant’s tip about a driver possessing a handgun amounted to reasonable suspicion, warranting the stop. This aligns with the established principle that police can conduct stops based on reasonable suspicion, even if it’s a lesser standard compared to the probable cause needed for arrests or searches.

While the case itself isn’t elaborated on, it highlights the legal basis for traffic stops based on reasonable suspicion, particularly when the suspicion involves potential gun possession.

Better have a real good attorney

Underage Workers in Factories Spark Fines, Investigations, and Legislation

Underage Workers in Factories Spark Fines, Investigations, and Legislation

A New York Times report exposed widespread child labor in a Michigan factory, prompting state and federal authorities to take action. The report focused on a Hearthside Food Solutions plant in Kentwood, alleging the presence of numerous underage workers.

Michigan’s Department of Labor and Economic Opportunity (LEO) and the U.S. Department of Labor launched investigations into the facility.

Additionally, Michigan’s Occupational Safety and Health Administration (MIOSHA) levied over $50,000 in fines against the plant for inadequate safety training and dangerous machinery.

Hearthside initially denied the allegations but has since paid some fines and is appealing others.

Federal and State Collaboration

The U.S. Department of Labor has increased oversight through an interagency task force focused on combating child labor. This initiative allows collaboration with other federal agencies, like the Department of Education, which offers training on child labor identification to school staff.

Strengthening Enforcement

State legislators are proposing bills to improve child labor enforcement and worker protection. One bill increases fines for violating child labor laws, aligning them with federal penalties. It also allows child workers to sue for damages and protects whistleblowers from retaliation.

Another bill proposes a complete overhaul of the work permit system in Michigan. Currently, teens obtain permits through schools. This bill would shift the responsibility to the LEO, creating a centralized database of legal teen workers and their employers. This system would enhance the LEO’s ability to identify potential child labor violations.

Immigrant Advocacy and Underlying Issues

Many underage workers in the exposed case were immigrants. Immigrant advocacy groups support the proposed bills, emphasizing provisions for compensating victims and protecting whistleblowers.

These measures could alleviate stress on immigrant families forced into child labor due to economic hardship.

However, these groups express concern that solely focusing on enforcement might drive children into even more dangerous and unregulated working environments.

As always addressing the (root causes) of child labor, such as poverty and lack of opportunity, is crucial for lasting solutions.

Better have a real good attorney

You’re too stupid to store a gun properly

You’re too stupid to store a gun properly

The Biden administration once again defends a ban in federal court, arguing that people who use marijuana should be prohibited from purchasing or possessing firearms.

They claim that this restriction is supported by historical precedent and that individuals who consume cannabis while owning guns pose a unique threat to society.

One of the reasons behind this argument is that such individuals are viewed as unlikely to store their weapons properly before using marijuana.

Attorneys for the Justice Department responded to a series of prompts from the judges, asserting that the firearm ban for marijuana consumers is justified based on historical analogues to restrictions on the mentally ill and habitually drunk that were imposed during the time of the Second Amendment’s ratification in 1791.

DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.