COURT RULING APPEAL SEES POT POSSESSION ARRESTS AGAIN MADE

Peterborough city police and Peterborough County OPP won't be turning a
blind eye to minor pot possession charges any longer following a recent
Ontario Court of Appeal decision.

Since early July, police haven't been charging people found in possession
of small amounts of marijuana. Sergeant Rob Hotston says they stopped doing
so because of a court ruling that determined possession charges are
unconstitutional.

"There was no point laying charges if the courts were not going to pursue
it," he adds.

But on Oct. 7, a decision of the Court of Appeal was released, making the
charges constitutional and forcing police throughout the province to resort
to past pot possession tactics.

Sgt. Hotston and OPP Staff Sergeant Gary Collins says officers will again
make arrests.

"If they are found in possession of marijuana for a purpose other than
medical use, charges can be laid. The amount (of pot found) doesn't
matter," adds Sgt. Hotston.

Staff Sgt. Collins says OPP officers will "follow the letter of the law."

"We will go back to the way it was," he adds.

Even though police stopped issuing possession charges last July, they still
seized the drugs. Sgt. Hotston said at the time the names of individuals
found in possession were going to be recorded and dealt with when the law
changed. Now that the law has changed, he isn't sure if names were indeed
recorded and doesn't know if they will be prosecuted.

"Whether or not charges are laid from (incidents) over the summer is up to
the federal prosecution," says Sgt. Hotston.

He adds enforcing simple pot possession charges is now once again part of
an officer's job.

"A criminal offence is a criminal offence and officers are obligated to
uphold the law.

"What happens after is up to the courts to decide."