CHARLOTTETOWN POLICE STILL TREAT POT AS ILLEGAL,SAYS SPOKESMAN

Playing with pot can still put Islanders in a predicament with the police,
according to a news release issued by the Charlottetown Police Department
Thursday.

The cops were responding to a pro-pot protest in front of the city's police
department Wednesday.

Marc Emery, a Vancouver resident on a cross-country tour to protest Canada's
pot laws, smoked marijuana in front of the police station.

Similar actions in Moncton, Winnipeg and Regina got Emery arrested, however
Charlottetown police ignored the smoke up.

Emery said the police force's inaction was an acknowledgment that marijuana
is no longer unlawful and he encouraged Islanders to exercise their freedom.

That prompted Charlottetown Deputy Police Chief Richard Collins to issue a
news release warning that smoking pot is still considered against the law by
his department and that those who do it could still face the wrath of the
law.

"Charlottetown city police want to make it clear that uniform members will
continue to deal with possession of cannabis occurrences," said Collins.
"And in no way does the incident of July 23, 2003, indicate that the
possession of marijuana is recognized by our department as being legal."

As to why police didn't arrest Emery, Collins is less clear. His news
release says the publisher of Cannabis Culture magazine wasn't arrested "due
to internal and external circumstances and the time frame over which the
incident unfolded."

The Guardian wanted to ask Collins what that meant but he was unavailable
for comment.

The news release said the police department would have no further comment on
the matter.

Collins did say the police force has "altered their direction" in how they
handle simple possession of pot charges until the issue is dealt with in the
courts.

"As an interim measure, Charlottetown city police will continue to
investigate, document and seize cannabis and maintain continuity of exhibits
with a view of laying a charge against any individual after clarification of
the law by the court of appeal in appropriate jurisdiction."

The RCMP's stand is more clear.

RCMP Sgt. Richard Thibault said anybody caught by the national police force
with pot will be charged.

Thibault said if Emery had held his protest in front of an RCMP detachment,
in all likelihood he would have been arrested.

He said the same may not be true if he had chosen to take his protest to
RCMP headquarters in Charlottetown, where Thibault works. That's because the
RCMP's headquarters falls under the jurisdiction of Charlottetown city
police.

"Possession of marijuana, no matter what the amount is, remains illegal and
will be dealt with as such," said Thibault.

"Until we are told otherwise, this is part of a Canadian law and we will
continue to enforce it as such."

The courts have stopped processing simple possession of marijuana charges
until the issue can be clarified. Ottawa plans to decriminalize possession
of small amounts of pot which means that somebody caught with pot would face
a fine rather than a Criminal Code conviction.

Emery may have wanted to get a rise out of the cops and the city of
Charlottetown, but the head of the capital city's police committee said he
failed.

Coun. Mitchell Tweel said he didn't hear any complaints from residents
concerned that the police ignored the protester.