Kyla Lee has been routinely sought out by the media for her insightful commentary on cannabis-related issues. She knows how stressful a cannabis-related charge can be. Not only do people not need to be exposed to criminal or provincial offences for accessing, using, and transporting their medicine, but true legalization should not come with so many strings attached. A cannabis lawyer like Kyla Lee knows this.
Kyla also understands the importance of disputing a cannabis-related charge. The consequences of a simple provincial ticket can be far more significant, and can include problems crossing the border, bans from entering the United States, and high fines. A drug-related offence can foreclose volunteering opportunities, employment, and working with people in the vulnerable sector. Kyla knows that these cases are often about more than a simple ticket, and she is here to help.
Because of her extensive experience defending traffic tickets, provincial administrative prohibitions, and provincial regulatory charges, Kyla has developed a wide array of knowledge and skill in regulatory and quasi-criminal case law. She is able to advance creative arguments and Charter issues that may otherwise go overlooked.
Kyla deals with a variety of cannabis charges in British Columbia.
Cannabis charges can have more consequences than just a ticket and a fine. Cannabis Lawyer Kyla Lee aims to give you the best defence possible in your case.
Lawyer Kyla Lee handles a variety of cannabis offences and regulatory charges, including the following:
Cannabis Impaired Driving Charges
Currently, prosecutions for impaired driving by drugs are rare. Many lawyers never encounter these complex cases and are consequently not in a position to defend you against these charges. Cannabis Lawyer Kyla Lee knows the law in relation to impairment by drugs, and is able to help you with your case.
In an impaired by a drug charge, the prosecution does not have to prove what drug impaired you. The prosecution only has to prove that your ability to drive was impaired by a drug. Typically this is done using an evaluation called the Drug Recognition Evaluation, and a blood or urine sample. The testing of blood and urine has particular scientific procedures that must be followed to be considered reliable. Blood and urine tests often only show the presence of a drug in the body and do not necessarily mean a person is impaired by that drug.
Few lawyers in Canada have the required training to properly defend an impaired by drugs case. Kyla Lee has completed the Standardized Field Sobriety Testing and Drug Recognition Evaluation Training to be in the best position to spot flaws in the tests done by police to prove that you were on drugs.
24 Hour Prohibitions for Marijuana
Even prior to cannabis legalization, Kyla Lee was at the forefront of many successful appeals of 24-hour driving prohibition for drugs cases. Kyla succeeded on 4/20 on a precedent-setting 24 hour prohibition for drugs case that could result in thousands of cannabis-impaired driving cases being overturned. Some of Kyla’s successful cases disputing a 24-hour prohibition for drugs are the leading precedent in disputing a 24-hour prohibition for drugs.
A 24 Hour Prohibition for cannabis marijuana can be issued if a police officer has reasonable grounds to believe a driver’s ability to drive is affected by a drug. However, as a result of successful challenges launched by lawyer Kyla Lee, the police are required to issue the prohibition directly at the roadside. Challenging an officer’s grounds for this belief can be difficult. The court will generally accept that the police had reasonable grounds where there is evidence of erratic driving and/or an impaired physical ability. For this reason, a lawyer who knows the law in relation to impaired driving and specifically in this area is a huge asset in challenging a 24-hour prohibition for drugs.
The only way to dispute a 24-hour prohibition for drugs is by way of judicial review in BC Supreme Court. Kyla Lee has conducted countless judicial reviews of these and other types of driving prohibition, and is recognized as a leader in this area of law. Her expansive knowledge impaired driving jurisprudence, police procedure, and rules of evidence give her an edge in court that often leads to successful outcomes for her clients.
Kyla Lee will always aim to provide you with the best defence possible in your cannabis driving case.
Cannabis in Vehicles Charges
In British Columbia, it is an offence to transport cannabis in a vehicle, if it is not in its original Health Canada packaging and unopened. It is also an offence to smoke or otherwise consume cannabis while driving. These offences are prosecuted under the Cannabis Control and Licensing Act.
Although the penalties for these offences are typically only a fine of a couple hundred dollars, there are hidden costs associated with the ticket. A ticket under the Cannabis Control and Licensing Act can have huge implications for people in the future. A record is now created in a police computer system associating you with cannabis, which can then be used by border officials to deny you entry to the United States. The record may also lead to you being subject to further scrutiny by police in relation to impaired driving.
Kyla Lee is a cannabis lawyer who understands the hidden consequences of a simple ticket for possession of cannabis in a vehicle, or smoking cannabis while driving. Kyla is prepared to defend you to the greatest extent the law will allow, including advancing constitutional challenges to protect the rights of medical users of cannabis, and challenge the validity of vehicle searches under this new legal regime. As a criminal lawyer, Kyla has previously successfully challenged searches in traffic stop situations and has had evidence excluded from consideration as a result of Charter breaches in numerous cases. Those skills and that knowledge is something that lawyer Kyla Lee intends to apply to what may seem to be a simple cannabis traffic ticket.
Possession of Illicit Cannabis
Despite the fact that cannabis possession is now legal in Canada, there are still numerous rules surrounding the circumstances in which it may be possessed. One of the most unusual charges that arises in the legal system is possession of illicit cannabis. This means possessing cannabis that was not purchased from a government retailer or licensed cannabis retailer. These charges may seem simple, but are in fact exceedingly complex.
A cannabis lawyer who best understands these charges will be able to help you understand the various burdens and standards of proving the source of cannabis and how to prove these issues is in the best position to defend you against these charges. Lawyer Kyla Lee has successfully completed countless criminal and provincial offence cases for her clients, and possession of illicit cannabis cases are something that she takes as seriously as any of her other files.
Warrantless Searches for Cannabis
The British Columbia government has created a new police force, called the Community Safety Police. Their role will be to police cannabis related offences in the province. They have been given broad powers by provincial legislation, including the power to conduct warrantless searches of homes, offices, and cannabis retailers if the police have grounds to believe a cannabis offence is being committed there.
These warrantless searches are incredibly concerning and are vulnerable to a constitutional challenge for their inconsistency with the right to be secure against unreasonable search and seizure. Challenging the results of these warrantless searches will be necessary to successfully defend against a cannabis-related charge in British Columbia.
Lawyer Kyla Lee has successfully challenged searches, both with and without search warrants. She has had evidence excluded from consideration by judges based on the fact that it was obtained contrary to Charter rights. The Community Safety Police are not above the law and they are not excluded from Charter compliance. If your home, cannabis business, or other private space has been searched with or without a warrant by a Community Safety Police officer or by any other law enforcement agency call Kyla Lee today. She is ready to challenge the search and challenge the law to bring it into compliance with your Charter rights.