IN A HAZE

It's Illegal. Or Is It? Even The Cops Want Some Clarification On Marijuana Laws

When it comes to possession of marijuana, the times could be a-changin' in
the province of British Columbia. On September 4, provincial court judge
Patrick Chen ruled that there's no law stopping us B.C. residents from
keeping a bit of bud handy.

While some cheered the new lack-of-law, the Crown is appealing Chen's
ruling. For now, that means outdated or not, pot laws will stick,
especially after an Ontario court ruled Tuesday that it's illegal to
possess marijuana except for medicinal use.

"Possession of marijuana is still a criminal offence in British Columbia,
that's the bottom line," says Lyse Cantin, a spokesperson for the federal
department of justice, B.C. region. "While the law is still the law, it has
to be enforced. I can't speculate on what will happen after the [Chen]
appeal." She explains the federal Crown decides whether or not to charge
people with possession based on evidence police bring forward to prosecutors.

Victoria resident Todd Horn thinks police should back off, at least while
the courts are busy working out the best way to look at the issue.
"Technically, there shouldn't even be confiscation happening," he says.
"Simple possession is no longer recognized." Horn says it doesn't make
sense to keep charging people for carrying pot around, given the changes
pending at the federal level. "The Canadian Senate wants it legalized, the
House of Commons wants it decriminalized," he says.

For 25 years, the Canadian Bar Association has maintained that simple
possession of cannabis needs to be decriminalized--not just for the
convenience of pot smokers, but basically, for the greater good of the
nation. In a 1978 CBA resolution, the association recommends that Canada
decriminalize "simple possession and cultivation of cannabis for an adult's
own use [and] the non-profit transfer of small amounts of cannabis between
adult users." Today, the association views laws against possession as
"expensive, ineffective, and counter productive." In a recent press
release, CBA president Simon Potter said putting pot smokers in jail
doesn't help to reduce crime or drug use in Canada. Instead, taxpayer
dollars pay to keep people imprisoned for minor offences, instead of
supporting health care, say, or legal aid. Horn wishes more people could
see the costs associated with prosecuting for possession. "It costs the
state in court time, then there's costs for public defenders, police, costs
to feed and house [prisoners]. It's a huge expense."

In his September 4 decision, Chen refers to the 2000 Ontario Court of
Appeals decision that threw out the federal marijuana law because it didn't
allow for citizens' access to medical marijuana. "[T]here is no offence
known to law at this time for simple possession of marijuana," Chen wrote.

Chen's decision may not have changed B.C. law yet, but in three other
provinces--Ontario, Prince Edward Island and Nova Scotia--similar court
decisions that ruled against the marijuana possession law are now binding.

Inspector Bill Naughton, who runs the Victoria police department's core
unit, says police would welcome clearer direction from the federal Crown on
how to proceed with possession charges. "From a law enforcement
perspective, we'd like clarification on a number of issues relating to
marijuana," he says.

Right now, because the Chen decision is in appeal and is not binding,
Naughton says it's business as usual in terms of enforcement. But, he says,
simple possession charges just don't happen that often--since the start of
2003, the core unit has laid about 70 simple possession charges, most of
which were for possession of cocaine or other hard drugs. Naughton
estimates only about 20 people have been charged with possession of
marijuana so far this year.

"In the core unit, we do more drug charges than any other unit," he says.
"Since the beginning of the year . . . in nine months, I would say we've
laid very few. It's just not our focus. Our focus is on trafficking."

Like Cantin, Naughton points out that possession of marijuana is still a
criminal offence. But, he says, police need to stick to priorities. "A 300-
or 400-plant grow, that's a big issue," he says. "Someone with a joint just
isn't. As you're trying to make decisions based on resources . . . [simple
possession cases] aren't an effective use of resources."

Naughton says he hasn't heard much reaction from the public since the Chen
decision came down. "I'm actually surprised at how muted the reaction has
been," he says.

A few people have made a point of telling police that they are now free to
spark up openly on city streets, Naughton says, then adds, "I wouldn't
recommend that." M