Pubdate: Fri, 30 May 2014
Source: Globe and Mail (Canada)
Copyright: 2014 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Cam Fortems
Page: S2

POT BUST RULED CONSTITUTIONAL

A B.C. judge has rejected an argument that Mounties should have asked 
a driver for a medical marijuana permit before searching his van and 
arresting him.

Cory Eld was stopped at the roadside in Barriere, about 60 kilometres 
north of Kamloops, in November, 2012. The RCMP officer who went to 
Mr. Eld's window to question him testified he smelled a strong odour 
of unburned pot and saw a tarp stretched over the entire length of 
the van's cargo area.

Mounties found 73 marijuana plants inside, and Mr. Eld was later 
charged with possession of marijuana.

Defence lawyer John Conroy argued the search was illegal and that his 
client's constitutional rights were breached.

He said the officer who smelled marijuana neglected to ask Mr. Eld 
whether he had a licence to possess marijuana through Health Canada - 
something that may have explained the smell.

"It's not difficult for the officer to say, 'Do you have a permit?' " 
he said at a hearing in February. "You don't have grounds to believe 
he's committing an offence until you know he doesn't have a permit."

Mr. Eld is scheduled to be sentenced at a later date.
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