With the pot (marijuana) laws potentially set to change in Canada, there will be a new set of laws surrounding driving while high on marijuana.
A great article was recently written about this subject by a Toronto Criminal Law Firm called O’Neill Moon Quedado LLP.
It seems like it has been many years since we have seen a full conviction for a simple pot possession charge. In most cases, the charges are withdrawn, stayed or discharged. This means that the person was not convicted and does not need a pardon or record suspension. However, since the person was fingerprinted by the police because of the criminal charge, then it is important to apply for a file destruction to remove the prints, photos, court and police information. The end result will be that the record will be removed so that the public cannot see that you were in trouble with a drug charge. This is especially important if you are planning to travel to the US as the Americans don’t recognize stayed or discharges, but simply see that there was an offence with drugs committed. If they see this in their system, the Americans will deny you entry to the US and then you will require a US Entry Waiver to return.
Many people are still being convicted of more serious marijuana charges involving trafficking and possession of controlled substances like cocaine, heroin and mushrooms. If you are convicted of any of these charges then you will need a pardon or record suspension to remove the criminal record. Traveling to the US will be possible once the criminal record is removed by way of pardon or record suspension.
Here is the article from the criminal law firm: