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 &emdash; 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.