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News (Media Awareness Project) - CN ON: Police Will Not Lay Charges For Small Pot Possession
Title:CN ON: Police Will Not Lay Charges For Small Pot Possession
Published On:2003-06-06
Source:National Post (Canada)
Fetched On:2008-08-25 00:17:25
POLICE WILL NOT LAY CHARGES FOR SMALL POT POSSESSION

Toronto police will no longer lay charges for simple possession of
marijuana, following an advisory made yesterday by a provincial police
association.

"Police ... will not lay charges of simple possession," Toronto's Police
Chief Julian Fantino said yesterday in a release. "Rather, they will seize
the marijuana and fully document the incident with a view to laying a
charge following clarification of the law by the Court of Appeal or
Parliament."

Tom Kaye, president of the Ontario Association of Chiefs of Police, said
the association was asking officers to show discretion when it comes to
marijuana. "If it's under 30 grams, process them in accordance with your
department's policy procedure, lob the drugs in the vault, do up all the
paperwork ... then wait until we see what's going to happen from the
appeals court."

On May 16, Superior Court Justice Steven Rogin ruled that possessing less
than 30 grams of marijuana is no longer against the law in Ontario -- his
ruling upheld a previous Ontario court's decision to drop charges of
possession against a young offender. Judge Rogin's ruling is being appealed
by the Department of Justice, prompting police to make yesterday's
temporary recommendations. "The law is there -- but due to various court
decisions, when it comes to simple possession, there is a lot of confusion
and uncertainty for officers," said Constable Shehara Valles, corporate
communications officer for the Toronto Police Department.

Police will continue to keep records of people found in possession of 30
grams of marijuana or less, and when the law is clarified, offenders may
face delayed charges.
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