POT RULINGS CAUSING CONFUSION IN ONTARIO

TORONTO --"We can all go home and feel a bit better about the state of
freedom in Ontario," declared Marc Emery, leader of the B.C. Marijuana
Party, outside Toronto police headquarters last week, but some law
enforcement officials caution that Ontario tokers aren't entirely out
of the woods yet.

Emery was referring to the recent situation in Ontario whereby laws
prohibiting marijuana possession have been suspended, pending the
federal government's decision on a new bill to decriminalize the
possession of marijuana for personal use.

Under the proposed Bill C-38, simple possession of less than 15 grams
will carry with a maximum $150 fine for adults and $100 for minors,
while less than one gram of hash will carry a maximum $300 fine, $200
for minors.

A tireless crusader for marijuana rights, Emery spoke with great pride
about Toronto, where the current quasi-legalization allowed him and
his supporters to smoke freely in front of police headquarters without
being charged.

"When you look at the dark things that go on in the United States [to]
our poor oppressed cousins who smoke marijuana. . . this is the most
beautiful place in the Earth to be, in Toronto," he said. "Don't let
anybody ever tell you different."

In Emery's optimistic outlook, this seems to be the "summer of
freedom" in Canada. The potential decriminalization is hot on the
heels of the legalization of gay marriage following a court ruling in
late June. What remains to be seen is what effect, if any, the
decriminalization of marijuana will have on Canadian university campuses.

A series of court rulings have obliterated the marijuana possession
laws in Ontario. Earlier this month, Ontario police were told to stop
charging anyone with possession of 30 grams or less. The police have
been told to confiscate small amounts and document offences in case it
becomes illegal again.

According to Faran Umar-Khitab, head of Men's College at the
University of Toronto's Trinity College, the changes at his university
in September may have more to do with the high volume of minors than
any change in federal law.

Previously, some floors at Trinity were designated smoking floors.
Although illegal substances are not allowed in residences, "we respect
that each person's room is their private space," said
Umar-Khitab.

While this privacy is still important, there will no longer be any
smoking allowed in any campus residences. This may ultimately have the
greatest impact, making marijuana a "moot point," according to
Umar-Khitab.

"With the underage kids, [smoking] is not safe anymore. We are moving
into a parental mode which we had moved out of before."

There will still be some indoor smoking common rooms and this could
include marijuana unless there are complaints. Umar-Khitab suggested
that, "if marijuana is decriminalized more people will use it. It will
become the drug of choice because the kids are underage and they can't
get alcohol."

Dan Hutt, manager of police services at the University of Toronto,
points out that decriminalization is not the same as legalization.
"Marijuana will still be unlawful," said Hutt. "I don't expect a big
difference when the law changes."

Hutt says university police will enforce the laws, but do so using
their normal procedures.

"We go in whenever there is a complaint about smoking but we don't go
uninvited into residences. If the rules of the residence are not
followed then we may be called."

Campus police are practicing the same restraint as the other city
police at this time, but Hutt warns that any decriminalization will
still carry with it a record of those who are fined, in much the same
way as people convicted of offences like public intoxication. "If you
want to take your chances we don't recommend that."

The police will be able to simply ticket students rather than charging
them, which will make their job a lot easier than before, according to
Hutt.