POT CHARGES STAYED AGAINST THOUSANDS

Call it an unexpected Christmas gift -- the federal government is staying
marijuana possession charges against some 4,000 Canadians.

A number of southern Albertans will be let off the hook because of the
decision, which was made as a result of legal battles over medicinal marijuana.

The decision will apply to every Canadian charged with simple possession of
marijuana between July 21, 2001 and Oct. 7, 2003.

Those dates encompass the time frame between when Marijuana Medical Access
Regulations were enacted by the federal government and an Ontario Court of
Appeal decision which rendered the regulations unconstitutional because
they failed to resolve the issue of supply for medicinal marijuana users.

While the decision was made in Ontario, it will apply across the country,
says Justice Canada spokesman Maureen McLellan.

"From the Attorney General of Canada's point of view, because prosecution
(is national), we elected to take a position across the country that is
consistent with the position in Ontario," she says.

The issue actually began with an Ontario court ruling in 2000 which found
medicinal marijuana users had the right to possess less than 30 grams of
the banned substance.

The judge in that case delayed the ruling's effect for a year in hopes the
government would introduce a medicinal marijuana law. The government
instead issued the regulations. The Ontario ruling created a legal
loophole, effectively invalidating Canada's possession law unconstitutional
because it failed to provide an exemption for medical use.

The Oct. 7 decision required amendments to the regulations. Since the
decision, which the government decided not to appeal, marijuana medical
access regulations have been amended to fix the problem, says Health Canada
spokesman Catherine Saunders.

McLellan notes possession of marijuana is still illegal for anyone who is
not authorized to possess the drug for medical purposes, and anyone charged
outside of the exempted range of dates will be prosecuted.

The charge is punishable by a maximum penalty of six months in jail or a
$1,000 fine.