Burnt marijuana smell not proof of drug: Canadian court says

A Saskatchewan appeal's court upheld a decision that the smell of burnt marijuana is not evidence of illegal drug possession since by definition the proof has gone up in smoke.


Burnt marijuana smell not proof of drug: Canadian court says


OTTAWA (AFP) - A Saskatchewan appeal's court upheld a decision that the smell of burnt marijuana is not evidence of illegal drug possession since by definition the proof has gone up in smoke, it said Wednesday.

"The smell of burnt marijuana does not reasonably support the inference that additional marijuana is present," the three-judge panel said in newly-released court filings.

Thus, police "did not have reasonable grounds to search" the truck of Archibald Janvier after his roadside arrest in 2004 for narcotics possession, the judges said in maintaining his acquittal.

Police had originally stopped Janvier's truck in La Loche, Saskatchewan, in western Canada, to ticket him for a busted tail light.

At trial, the arresting officer testified he had smelled the "pungent odor of burnt marijuana" coming from inside Janvier's truck, charged him with illegal drug possession, and then searched his vehicle.

The Royal Canadian Mounted Police constable found eight grams of marijuana in Janvier's coat pocket, boot and truck console, but that evidence was thrown out.

Archibald's lawyer Ronald Piche successfully argued the warrantless search and seizure were "unreasonable" because the aroma of burnt marijuana -- as opposed to raw marijuana -- infers that the drug has dissipated.

"How can you say you're in possession of something that doesn't exist," Piche told the daily Saskatoon Star Phoenix.


Burnt marijuana smell not proof of drug: Canadian court - Yahoo! News

And it's one big step for pothead kind :thumbsup:

Blahahaha, it just sounds so funny and I think of them with their "mounty me hats" hahaha Canadian Mounted Police hahaha I am soo wasted I read that and I cant get over the "Canadian Mounted Police" hahaha

Haha yeah their as intimidating as those bike police

haha ring ring Stop Police!! haha

Thats crazey though even if they smell it they cant do anything if nuthing is found. that sounds like an episode of Trailer Park Boys. I could just hear ricky sayin, "I dont know what the fuk your talkin aboot, we dont have any weed or hash your smelling incens that what your smellin boys".

Reminds me of Dudley Do-Right of the Rocky and Bullwinkle cartoon show.

Paul Lynde hammed it up on an episode of the "60's TV comedy show F Troop as Sergeant Ramsden RCMP, the "Singing Mountie", saying "We always get our man!". :D I have both seasons of that show on DVD's.

^ Oh I used to watch that when I was a kid!


I guess it's just nice to see the government do something decent for once.

Well, it works in the favor of all of us pot smokers, so yea! But if you think about it, it's totally stupid. Of course smelling pot smoke is grounds for believing there is pot present. It's a lawyerly trick, and I'm amazed the court went for it. It might have worked this time, but don't count on using it in the future for your own defense, and don't try it with soemone with any amount of common sense, like your mama.

Good to know, now that's justice and logic.

Quote:

---

Originally Posted by dragonrider

Well, it works in the favor of all of us pot smokers, so yea! But if you think about it, it's totally stupid. Of course smelling pot smoke is grounds for believing there is pot present. It's a lawyerly trick, and I'm amazed the court went for it. It might have worked this time, but don't count on using it in the future for your own defense, and don't try it with soemone with any amount of common sense, like your mama.

---

You said it, don't try this on anyone with common sense, I wonder what they were smoking that day?:wtf:

Hey don't make fun of our mounted police! They are respected authorities! Just kidding lol jk:jointsmile: But don't make fun of them!


keep on tokin:stoned: