Pubdate: Thu, 09 Oct 2003 Source: Monday Magazine (CN BC) Copyright: 2003 Monday Publications Contact: http://mondaymag.com/monday/ Details: http://www.mapinc.org/media/1150 Author: Adrienne Mercer Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) IN A HAZE It's Illegal. Or Is It? Even The Cops Want Some Clarification On Marijuana Laws When it comes to possession of marijuana, the times could be a-changin' in the province of British Columbia. On September 4, provincial court judge Patrick Chen ruled that there's no law stopping us B.C. residents from keeping a bit of bud handy. While some cheered the new lack-of-law, the Crown is appealing Chen's ruling. For now, that means outdated or not, pot laws will stick, especially after an Ontario court ruled Tuesday that it's illegal to possess marijuana except for medicinal use. "Possession of marijuana is still a criminal offence in British Columbia, that's the bottom line," says Lyse Cantin, a spokesperson for the federal department of justice, B.C. region. "While the law is still the law, it has to be enforced. I can't speculate on what will happen after the [Chen] appeal." She explains the federal Crown decides whether or not to charge people with possession based on evidence police bring forward to prosecutors. Victoria resident Todd Horn thinks police should back off, at least while the courts are busy working out the best way to look at the issue. "Technically, there shouldn't even be confiscation happening," he says. "Simple possession is no longer recognized." Horn says it doesn't make sense to keep charging people for carrying pot around, given the changes pending at the federal level. "The Canadian Senate wants it legalized, the House of Commons wants it decriminalized," he says. For 25 years, the Canadian Bar Association has maintained that simple possession of cannabis needs to be decriminalized--not just for the convenience of pot smokers, but basically, for the greater good of the nation. In a 1978 CBA resolution, the association recommends that Canada decriminalize "simple possession and cultivation of cannabis for an adult's own use [and] the non-profit transfer of small amounts of cannabis between adult users." Today, the association views laws against possession as "expensive, ineffective, and counter productive." In a recent press release, CBA president Simon Potter said putting pot smokers in jail doesn't help to reduce crime or drug use in Canada. Instead, taxpayer dollars pay to keep people imprisoned for minor offences, instead of supporting health care, say, or legal aid. Horn wishes more people could see the costs associated with prosecuting for possession. "It costs the state in court time, then there's costs for public defenders, police, costs to feed and house [prisoners]. It's a huge expense." In his September 4 decision, Chen refers to the 2000 Ontario Court of Appeals decision that threw out the federal marijuana law because it didn't allow for citizens' access to medical marijuana. "[T]here is no offence known to law at this time for simple possession of marijuana," Chen wrote. Chen's decision may not have changed B.C. law yet, but in three other provinces--Ontario, Prince Edward Island and Nova Scotia--similar court decisions that ruled against the marijuana possession law are now binding. Inspector Bill Naughton, who runs the Victoria police department's core unit, says police would welcome clearer direction from the federal Crown on how to proceed with possession charges. "From a law enforcement perspective, we'd like clarification on a number of issues relating to marijuana," he says. Right now, because the Chen decision is in appeal and is not binding, Naughton says it's business as usual in terms of enforcement. But, he says, simple possession charges just don't happen that often--since the start of 2003, the core unit has laid about 70 simple possession charges, most of which were for possession of cocaine or other hard drugs. Naughton estimates only about 20 people have been charged with possession of marijuana so far this year. "In the core unit, we do more drug charges than any other unit," he says. "Since the beginning of the year . . . in nine months, I would say we've laid very few. It's just not our focus. Our focus is on trafficking." Like Cantin, Naughton points out that possession of marijuana is still a criminal offence. But, he says, police need to stick to priorities. "A 300- or 400-plant grow, that's a big issue," he says. "Someone with a joint just isn't. As you're trying to make decisions based on resources . . . [simple possession cases] aren't an effective use of resources." Naughton says he hasn't heard much reaction from the public since the Chen decision came down. "I'm actually surprised at how muted the reaction has been," he says. A few people have made a point of telling police that they are now free to spark up openly on city streets, Naughton says, then adds, "I wouldn't recommend that." M - --- MAP posted-by: Jay Bergstrom