News (Media Awareness Project) - CN BC: Editorial: B.C.'s Really Going To Pot |
Title: | CN BC: Editorial: B.C.'s Really Going To Pot |
Published On: | 2003-09-24 |
Source: | Arrow Lakes News (CN BC) |
Fetched On: | 2008-01-19 11:26:07 |
B.C.'S REALLY GOING TO POT
Is it now legal to possess small amounts of marijuana for personal use? The
simple answer is no, it's still illegal, but a recent court decision has
definitely shifted the politics of pot in favour of the smokers.
On Sept. 4, Judge Patrick Chen ruled "there is no offence known to law at
this time for simple possession of marijuana." Chen's decision, while not
binding on the B.C. Supreme Court, makes B.C. the fourth province, along
with Ontario, Prince Edward Island, and Nova Scotia, to strike down the
federal pot-possession law.
All these court actions have occurred because in 2000, the Ontario Court of
Appeal struck the law down, saying it was constitutionally invalid because
the law didn't give an exemption for medical use. The court gave Parliament
a year to pass a new one, but so far, it has yet to do so.
Criminal justice officials were quick to defend the status quo. Rich
Coleman, B.C.'s Solicitor-General and a former cop himself, said pot is
still considered an illegal drug in Canada. Vancouver Police Const. Sarah
Bloor said they'll keep following the letter of the law when it comes to
busting pot smokers.
Calling Bloor's bluff, the Marijuana Party held a "smoke-out" last Thursday
in front of Vancouver Police offices. Party president Marc Emery puffed on
a cuban-size cigar of B.C. bud. Nobody was arrested. Earlier Emery said the
ruling will be "very influential and a lot of judges will refuse to proceed
with any marijuana possession offences now."
He's right. Judges at the Supreme Court level have to have a pretty good
reason to overturn a fellow judge's decision. So what happens now if you're
caught with a "little green bag"? You may be charged, but until Ottawa
passes a new pot-possession law, the charge is unlikely to stick.
Meanwhile, the first crop of medicinal marijuana grown out of the federal
sanctioned government grow-up in Manitoba has been declared a dismal
failure. Those who tried it said they got sick from smoking so much of the
weak weed. Others said the only thing they felt was...disappointment.
Is it now legal to possess small amounts of marijuana for personal use? The
simple answer is no, it's still illegal, but a recent court decision has
definitely shifted the politics of pot in favour of the smokers.
On Sept. 4, Judge Patrick Chen ruled "there is no offence known to law at
this time for simple possession of marijuana." Chen's decision, while not
binding on the B.C. Supreme Court, makes B.C. the fourth province, along
with Ontario, Prince Edward Island, and Nova Scotia, to strike down the
federal pot-possession law.
All these court actions have occurred because in 2000, the Ontario Court of
Appeal struck the law down, saying it was constitutionally invalid because
the law didn't give an exemption for medical use. The court gave Parliament
a year to pass a new one, but so far, it has yet to do so.
Criminal justice officials were quick to defend the status quo. Rich
Coleman, B.C.'s Solicitor-General and a former cop himself, said pot is
still considered an illegal drug in Canada. Vancouver Police Const. Sarah
Bloor said they'll keep following the letter of the law when it comes to
busting pot smokers.
Calling Bloor's bluff, the Marijuana Party held a "smoke-out" last Thursday
in front of Vancouver Police offices. Party president Marc Emery puffed on
a cuban-size cigar of B.C. bud. Nobody was arrested. Earlier Emery said the
ruling will be "very influential and a lot of judges will refuse to proceed
with any marijuana possession offences now."
He's right. Judges at the Supreme Court level have to have a pretty good
reason to overturn a fellow judge's decision. So what happens now if you're
caught with a "little green bag"? You may be charged, but until Ottawa
passes a new pot-possession law, the charge is unlikely to stick.
Meanwhile, the first crop of medicinal marijuana grown out of the federal
sanctioned government grow-up in Manitoba has been declared a dismal
failure. Those who tried it said they got sick from smoking so much of the
weak weed. Others said the only thing they felt was...disappointment.
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