Pubdate: Thu, 24 Dec 2015
Source: London Free Press (CN ON)
Copyright: 2015 The London Free Press
Contact: http://www.lfpress.com/letters
Website: http://www.lfpress.com/
Details: http://www.mapinc.org/media/243
Author: Laura Kane
Page: B3

CANNABIS 'CRIMINALS' LEFT IN LIMBO

COURTS: Although the prime minister has vowed to legalize and 
regulate marijuana, the RCMP is still mandated to enforce current laws

VANCOUVER - While Rose Miranda waits for her April court date to face 
potential charges of possession for the purpose of trafficking, the 
65-year-old retired education assistant can't take cannabis for her 
arthritis. Mounties have also banned her from visiting or contacting 
anyone at Phoenix Pain Management Society, the medical marijuana 
dispensary where she was volunteering when she was arrested in 
Nanaimo, B.C. "I love Baby Trudeau, but he says, ' We're going to fix 
this.' When? Meanwhile, I have clients who don't have their 
medication," Miranda said.

"I take care of people who are housebound, people in wheelchairs and 
people who are poor. They need their medication and right now they 
can't access it."

Prime Minister Justin Trudeau has vowed to legalize and regulate 
marijuana but no timeline is in sight. Meantime, cannabis-related 
crimes continue to tie up police and court resources, leaving some 
feeling like they're in legal limbo. Miranda began using medical 
marijuana about two years ago, after she said prescription drugs 
turned her brain into "mush." She began volunteering at Phoenix, 
primarily to educate seniors about cannabis as a pain-relief option. 
Nanaimo RCMP raided three dispensaries, including Phoenix, on Dec. 1. 
Selling pot over the counter - whether medical or recreational - 
remains illegal in Canada, and Mounties sent warning letters weeks 
before executing search warrants. "They came in like a SWAT team, 
guns out, ' Hands up!,' screaming, yelling, terrifying everybody who 
was in there," said Miranda.

She said police body-searched everyone, including an elderly 
volunteer with a cane, before handcuffing them and taking them to 
jail. There, she said, she sat in a freezing cell wearing only a 
cotton shirt and pants for more than 10 hours. Two days later, she 
said she wound up in hospital with chest pains.

Const. Gary O'Brien of the Nanaimo RCMP said he couldn't comment 
directly on any dispensaries that were raided, but officers acted 
professionally at all times.

"I believe most of the scenes were videotaped, so if there's any 
evidence our police officers were ( heavy-handed), that will 
certainly come out," he said.

O'Brien said there is evidence that some stores were selling to 
minors but he could not say which ones and the investigations are ongoing.

The RCMP's raids on B.C.'s pot shops are unusual. But across Canada, 
charges for cannabis possession remain relatively common and have 
increased over the past decade.

Last year, 24,542 people were charged with marijuana possession, up 
from 18,953 in 2004. Charges for the crime hit a peak in 2011, with 
27,997 people charged.

Justice Minister Jody Wilson-Raybould, when asked whether she'd 
consider immediately decriminalizing possession, said charging for 
criminal offences is an enforcement issue.

"Marijuana is still a Schedule 2 controlled substance under the 
(Controlled Drugs and Substances) Act and we'll be further 
considering that as we move forward." National RCMP spokesperson 
Const. Annie Delisle said while the government designs a regime to 
legalize marijuana, the RCMP is still mandated to enforce current laws.

Ujjal Dosanjh, a former federal Liberal health minister and B.C. 
premier, said decriminalizing possession of small amounts for 
personal use was a good idea, but anything larger would require a 
regulatory regime.

Dosanjh advocated for legalization in 2012 as part of a coalition 
called Stop the Violence B.C. While he said he hasn't changed his 
position, he called on the Liberals to proceed cautiously in light of 
new data from U.S. states on drug-impaired accidents.

Meanwhile, Miranda is preparing herself for the possibility that 
she'll face the first criminal charge of her life.

"I feel very angry, but defiant, because I know I'm doing the right 
thing. My conscience is clear. I am not a criminal," she said.
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MAP posted-by: Jay Bergstrom