NEW RULING PUZZLES LOCAL POT-WATCHERS

Local News - Watchers of Canada's continually evolving pot laws do not
expect Tuesday's ruling by the Ontario Court of Appeal, effectively
re-criminalizing possession for recreational use, to be the last word.

It's not clear, though, whether police will start laying charges for small
amounts of pot after what amounted to a penalty-free summer.

"I think it's temporary," said Rob Waddell, operator of Planetary Pride on
Queen Street East and organizer of the annual HempFest gathering east of
Sault Ste. Marie.

Waddell is awaiting a ruling from the Supreme Court of Canada later this
fall, expecting to see "the prohibition of marijuana will be ruled
unconstitutional."

In the meantime, he welcomed the latest ruling as "remov(ing) a lot of the
bureaucracy and hoops" for people who have been cleared by Ottawa to
consume marijuana for medicinal purposes but had no safe, consistent access
to it.

Federal regulations governing the program unfairly restrict qualified users
in getting the drug, the court found. The provisions in question restricted
licensed growers from receiving compensation for their product, growing the
drug for more than one qualified patient and pooling resources with other
licensed producers.

The ruling also struck down a requirement that sick people get two doctors
to validate their need to use marijuana as a drug.

Compassion clubs, which had been in a legal limbo, "are legal now and the
federal government must take steps to license and regulate them," Waddell said.

"Overall, it is a good decision. People who are authorized to use marijuana
for a medicinal purpose will have a legal supply or a way to get it."

Federal Crown prosecutor Wayne Chorney also hailed the "wonderful decision."

Chorney expects to get direction from the Department of Justice this week
to review the 30 to 40 local files that have been stayed -- another 30 to
40 were dismissed -- since the spring.

On May 16, a Superior Court of Ontario Justice upheld a ruling throwing out
a Windsor teen's drug charges, saying there was no legal basis to ban
simple possession since Ottawa failed to comply with a 2000 order to create
new laws.

Chorney is also paying attention to Justice Minister Martin Cauchon's
stated plans to eliminate criminal penalties for simple possession. Under
proposed legislation, up to 15 grams would be a ticketed offence that
carries no criminal record.

As to the Supreme Court ruling, "who knows?" he said. "The whole idea (in
the original case) was to criticize and invalidate and strike down the law
as it related to medicinal use of marijuana . . . and it got taken a step
further to strike down the entire law involving possession."

Based on testimony heard last May, Waddell has high hopes from the nine
Supreme Court judges.

"The court chastised the government lawyer and representatives quite
heavily during the three days they heard the case, because it's accepted
that marijuana is a relatively harmless substance in comparison to alcohol
and tobacco, and it comes down to freedom of choice in the Constitution."

Police in Ontario stopped laying charges for possession of less than 30
grams pending a final arbiter, but continued seizing evidence.

Bob Davies, chief of the Sault Ste. Marie Service, could not say Tuesday
afternoon what direction the service will take.

He expected to consult with the Joint Forces Drug Unit and federal Crown as
to policy.