Pubdate: Thu, 22 May 2003
Source: Detroit Free Press (MI)
Copyright: 2003 Detroit Free Press
Contact:  http://www.freep.com/
Details: http://www.mapinc.org/media/125
Author: Suzette Hackney, Free Press Writer

WINDSOR LEADS WAY ON LEGAL POT

Rest Of Canada May Also Allow Some Use

Windsor  -- A judge has ruled that possession of up to 30 grams of 
marijuana is legal in Detroit's wide-open neighbor to the south.  But 
Windsor is not yet Amsterdam, and if you're thinking of crossing the border 
to toke on a joint along Ouellete Avenue, think again: Windsor police say 
they will continue to enforce long-standing drug laws despite the judge's 
ruling.

"Everything will be done the same way we've been doing it -- people will be 
arrested if they are caught with marijuana," said Sgt. Kevin Trudell of the 
Windsor Police drug investigation unit.

The ruling last week in Windsor by Superior Court Justice Steven Rogin was 
the most recent development surrounding drug policy in Canada, which is 
softening its approach to narcotics, treating abuse more as an illness than 
as a law-enforcement issue.

Such moves differ sharply from the zero-tolerance philosophy adopted by the 
United States, and U.S. officials have protested Prime Minister Jean 
Chretien's plan to introduce legislation to decriminalize small amounts of 
marijuana in Canada.

Rogin ruled Friday that possessing a little more than an ounce of marijuana 
is not against the law in Ontario. Rogin said there is no Canadian criminal 
law or penalty that specifically relates to marijuana.

He would not comment to the Free Press.

Experts in Canada say Rogin's ruling most likely will be followed by lower 
court judges, who usually preside over marijuana possession cases.

Police fear hundreds of drug cases will now be dismissed. Many had been 
delayed as judges awaited Rogin's decision.

Brian McAllister, the Windsor lawyer who had challenged the law, was quoted 
as saying in the Windsor Star that Rogin's ruling "effectively erased the 
criminal prohibition on marijuana possession from the law books in Ontario."

Rogin's decision is likely to be appealed.

Trudell said Canadian officials now must take a stand. "The government is 
going to have to step up and make a decision and stop sitting on the fence."
- ---
MAP posted-by: Keith Brilhart