Pubdate: Sat, 17 May 2003
Source: Toronto Sun (CN ON)
Copyright: 2003, Canoe Limited Partnership.
Contact:  http://www.canoe.com/NewsStand/TorontoSun/home.html
Details: http://www.mapinc.org/media/457
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

JUDGE RULES POT POSSESSION NOT AGAINST LAW

WINDSOR, Ont. (CP) -- Possessing less than 30 grams of marijuana is no 
longer against the law in Ontario, a Windsor judge said in a ruling 
released yesterday.

Superior Court Justice Steven Rogin's decision has "effectively erased the 
criminal prohibition on marijuana possession from the law books in 
Ontario," said Brian McAllister, the lawyer who challenged the law on 
behalf of a 17-year-old client.

Rogin's decision is almost certain to be followed by judges of Ontario's 
lower court, where nearly all marijuana possession cases are decided.

"This decision is also likely to have significant repercussions on the 
viability of marijuana prosecutions across the country," he said.

Hundreds of marijuana possession cases in Ontario have been put on hold 
pending Rogin's ruling and the outcome of other cases before the Supreme 
Court of Canada.

That shouldn't change until the Ontario Court of Appeal reviews Rogin's 
decision, said Jim Leising, the justice department official responsible for 
drug prosecutions in Ontario.

"We certainly continue to maintain that possession of marijuana is 
prohibited by the Controlled Drugs and Substances Act, and we'll be moving 
quite quickly to appeal this judgment," he said.
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MAP posted-by: Jay Bergstrom