POT POSSESSION ILLEGAL AGAIN

Court Of Appeal Restores Federal Law

Possession Of Small Amounts Of Marijuana Is Illegal Again.

The Ontario Court of Appeal decision on Tuesday restored a federal law
making possession of small quantities of marijuana a criminal offence. An
Ontario court decision earlier in the year decriminalized possession of
small quantities of weed.

While those who want to decriminalize marijuana use for recreational
purposes are viewing the decision negatively, it is a victory for medical
users, according to a Toronto Star article. The justices ruled existing
federal rules on medical marijuana were unconstitutional because they force
people to illegal sources. The decision makes it easier for licensed growers
to produce plants for medical use and removes the requirement a second
medical opinion is needed to support an application for medical marijuana
use.

Sgt. Bev Prevett of the Oxford OPP said changes are not being laid for
possession of marijuana under a certain quantity. Interviewed Wednesday, he
was uncertain if that policy would change.

"We've got no direction yet so we're going to have to wait for our drug
enforcement section to make up their minds again," Prevett said. "They were
the ones who told us to hold the line in the first place."

The situation is different in Oxford Community Police Services jurisdiction.
People who do get caught will be charged, said Oxford Community Police Chief
Ron Fraser, as the appeal court ruling allows police to resume laying
charges for simple possession. That includes officers reconsidering charges
from recent seizures when the law was in limbo.

"We will lay charges in all situations where pot was seized over the summer,
where there was enough evidence," said Fraser.

He added the force won't be hunting down pot smokers. Officers are being
asked to deal with situations as they come across them when patrolling their
regular beats.

"We've never changed our policy -- if an officer has seized the drug, they
can lay charges," said Fraser. "Granted if it's just a couple of roaches,
they (smokers) likely won't be charged. But if we're talking about four or
five joints they will. It's up to the officer's discretion."

A Tillsonburg man who uses marijuana for medical purposes, and wishes to
remain anonymous, wasn't sure how to view Tuesday's court decision. He did
agree being forced to purchase marijuana from illicit sources was the least
desirable method of acquiring it.

While the on-again, off-again criminality of possession of marijuana is
being shunted around the courts, this man is still facing three-year-old
criminal charges for using medical marijuana.

"It's hard to get a handle on what's going on here," he said. "I know any
time the Crown dealt with it, it's taken months to get an answer. He has to
go to his people in Toronto."

The federal government is moving to speed up passage of legislation to
decriminalize possession of marijuana.

The Liberals will try to fast-track the bill Thursday by referring it for
early study by a Commons committee after only three hours of debate in the
House of Commons.

Justice Minister Martin Cauchon expressed hope that the procedural tactic
will speed the way toward ultimate passage.

Don Boudria, the government House leader, suggested the bill could be
wrapped up before the end of the fall session, as Prime Minister Jean
Chretien wants.

The legislation has sparked misgivings among Liberal backbenchers, however,
and opinions are divided on whether it can be pushed through as quickly as
the government hopes.

MP Derek Lee, a key member of the committee that will study the legislation,
said he thinks hearings can be held "fairly expeditiously" but was doubtful
it pass all necessary legislative stages before the end of the year.

John McKay, chairman of the influential Ontario Liberal caucus, said it
would be "pretty optimistic" to expect final passage even by spring.

Most Liberals expect a new government led by Paul Martin will be issuing an
election call around April, cutting off work on any bills that haven't
passed by then.