Pubdate: Fri, 17 Oct 2003
Source: Lindsay This Week (CN ON)
Copyright: 2003 Lindsay This Week
Contact:  http://www.lindsaythisweek.com/
Details: http://www.mapinc.org/media/2213
Author: Marcus Tully
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

APPEAL COURT RULING MEANS POT LAWS BACK ON THE BOOKS...BUT FOR HOW LONG?

An Ontario appeal court ruling making it illegal once again to possess 
small quantities of pot, means police in the city will once again be 
charging people caught with less than 30 grams of marijuana.

At least for now.

Last Tuesday the Ontario appeal court restored a section of the Controlled 
Drugs and Substances Act, making it illegal to possess small quantities of 
marijuana; except for medicinal use.

The announcement overturns a court decision earlier this year that allowed 
for small-scale possession, calling Canada's marijuana laws unconstitutional.

Key to the more recent decision was a distinction made between possession 
of pot for social and recreational use and possession for medicinal use.

"It's going to take us back to where we stood previously. We will enforce 
the laws written," said Kawartha Lakes Police Inspector Don Thomas.

"It is nice to have a decision on this because we really were in limbo."

In consultation with the Crown's office, Insp. Thomas notes officers 
continued to seize pot after the spring decision decriminalized small-scale 
possession, without laying charges.

Although he says officers didn't necessarily see an increase in marijuana 
use among residents, Insp. Thomas adds there was a more "blatant" use of 
pot in the community.

City of Kawartha Lakes OPP Inspector Gary Couture also welcomes the ruling.

"It (simple possession) was difficult to deal with because it was being 
seen as not being an offence. This kind of clarifies it for us."

Like his counterpart, Insp. Couture says officers with the OPP continued to 
seize marijuana before the new ruling, without laying charges, but didn't 
see an increase of use or more obvious use.

"We can say that because we continued to seize it anyway."

But both officers feel the issue of decriminalizing small-scale pot 
possession is far from over.

"The debate will continue for some time," Insp. Couture said.

Only a day after the Ontario appeal court ruling, a bill in the House of 
Commons called for decriminalizing possessing less than 15 grams of pot, by 
introducing fines as opposed to a criminal conviction.

Although the bill may face amendments, Justice Minister Martin Cauchon said 
he hopes to have new legislation for pot possession passed before Christmas.
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MAP posted-by: Jay Bergstrom