The U.S.-Canada border is the last place you want to wind up in the event that you are driving an illegal shipment of nearly 400 pounds of pot and over half a million dollars.

The Royal Canadian Mounted Police (RCMP) released a press release on June 5, announcing that an American driver was arrested after attempting to cross the border with just under 400 pounds of cannabis and over $602,985 in his vehicle, at the Rainbow Bridge border crossing in Niagara Falls, Canada.

Police say the man was trying to follow GPS coordinates, but ended up accidentally driving into the U.S.-Canadian port of entry, Insauga reports.

Andrew Lee Toppenberg, 60, of Tustin, California was driving a large cannabis shipment on May 2. Police say he was following GPS coordinates that were entered incorrectly, causing him to take a wrong turn and he ended up at the border at the Canada Border Services Agency (CBSA) Rainbow Bridge port of entry in Niagara Falls, Ontario.

Since Toppenberg had no passport, he was sent for the dreaded secondary examination. During the inspection, the CBSA officers discovered a huge amount of pot, valued at between C$362,000 and C$724,000, and over $600,000 USD dollars (C$816,167). It doesn’t look good for the driver. The CBSA officers promptly arrested the driver and seized the cash and cannabis. His case was then turned over to the RCMP Niagara on the Lake Federal Policing Border Integrity Team (RCMP BI).

“The safety and security of Canadians is our government’s top priority,” said The Honourable Marco Mendicino, Minister of Public Safety. This seizure demonstrates the crucial role that the CBSA and the RCMP play in stopping illicit contraband from entering our communities. Outstanding work by both agencies.”

Specifically, Toppenberg is charged with possession of cannabis for the purpose of distribution contrary to s.9(2) of the Cannabis Act; importing 181 kg (399 lbs) of cannabis, contrary to s.11(1) of the Cannabis Act; and possession of proceeds of property over five thousand dollars knowing that all or part of the proceeds of property was obtained by a crime in the United States of America contrary to s.354(1)(b) of the Criminal Code.

The CBSA and RCMP applauded the seizure.

“The CBSA and the RCMP continue to get positive results from our collaboration to protect Canada’s borders,” said Superintendent Rae Bolsterli, RCMP O Division, OIC Border Integrity. This seizure of cash and contraband is one more example of how our combined services are keeping Ontario citizens safe from criminal activities.”

“The CBSA is extremely proud of the diligence shown by our officers,” Jeff Walters, Director, Niagara District Operations, Canada Border Services Agency. “Their hard work has a profound impact on continually ensuring public safety at our borders.”

If Toppenberg was busted in the U.S. punishments for this amount, the minimum time would be no less than five years in prison. If death or serious bodily injury was a factor, no less than 20 years behind bars.

Toppenberg appeared before a Justice on May 5, 2023 at the Robert S.K Welch Court in St. Catharines, Ontario and was remanded in custody, where he remains. His next court date has not been scheduled. To learn more about the latest contraband statistics, visit Canada Border Services Agency seizures.

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City and county officials in upstate New York are at odds over the implementation of rules governing the sale and cultivation of marijuana in the community. 

The dispute is between the Niagara Falls City Council and members of the Niagara County Planning Board, and it centers around how the community will enforce the sale of recreational marijuana, which was legalized by the state of New York in 2021. 

The Niagara Gazette reports: “The Niagara County Planning Board unanimously decided to disapprove a zoning text amendment the Niagara Falls City Council approved a month ago, which allows for the cultivation, production and sale of recreational cannabis within the city. Despite this decision, the members knew their actions would have little effect on the city’s implementation. The county board members’ objections ranged from not being specific on locations to the city seeing little financial benefit from having these businesses operate in the Falls.”

Under the ordinance that was approved by the Niagara Falls City Council last month, “cannabis dispensaries engaging in sales only can operate between 8 a.m. and 2 a.m., those that allow on-site consumption may operate from 8 a.m. to 4 a.m., and may not operate more than 70 hours a week,” and retail “dispensaries may not be located within 500 feet of a community facility while consumption dispensaries may not be within 200 feet of a house of worship, 500 feet of a school or ‘community facility,’ and 1,000 feet of similar operations,” according to the Niagara Gazette.

New York’s Office of Cannabis Management issued 36 recreational marijuana dispensary licenses to various businesses and nonprofits in the state in November, but so far, only two retailers––both located in Manhattan––have opened to customers.

The Office of Cannabis Management says that cities, towns, and villages could have opted out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses from operating within their jurisdictions, but those municipalities needed to “pass a local law by December 31, 2021 or nine months after the effective date of the legislation.”

The agency explains: “If a municipality does not opt-out by December 31, 2021, the municipality will be unable to opt-out at a future date. However, a municipality may opt back in, to allow either, or both, adult-use retail dispensary or on-site consumption license types by repealing the local law which established the prohibition. All local laws passed by municipalities opting out of allowing adult-use retail dispensaries or on-site consumption licenses are subject to a permissive referendum as outlined in section twenty-four of the Municipal Home Rule Law. This creates a process allowing voters of the municipality to petition the outcome of a local law, which if successful, will trigger the question of whether or not to approve the local law, to be placed on the ballot at the next general election of state or local government officials for the municipality.” 

No municipality can “opt-out of adult-use legalization,” according to the Office of Cannabis Management.

According to the Niagara Gazette, Kevin Forma, the city planning director of Niagara Falls, “said the directions that all municipalities received from the state are similar to liquor ordinances and the requirements for having a bar,” and that the “state was also restrictive in what the city can do for allowing and disallowing uses.”

“The state is telling us that we cannot restrict this,” Forma said during the planner’s meeting on Monday, as quoted by the Gazette. “We’re developing this to the best of our ability, managing this in conjunction with the state rules and regulations.”

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