POT POSSESSION NOT ILLEGAL IN CITY - FOR NOW

If You've Got 'Em, You Can Smoke 'Em - for Now.

In the wake of a recent series of judgments across the country, city
police officers have been told it's no longer a criminal offence to be
in possession of marijuana.

Given this directive, an individual may possess marijuana in small
quantities, while at the same time, no charges can be laid against an
individual of any age for consuming marijuana in public.

"You know, it kills me to say this, but no," said Blake Paquin, media
relations spokesperson for the Cornwall Community Police Service,
referring to the fact charges won't be laid against an individual for
public consumption of marijuana.

"Before this, a charge of possession covered all that. As long as you
were in possession of marijuana, no matter what you were doing with
it, you could be charged under the criminal code," Paquin said.

The directive comes by order of Acting Deputy Chief Dan Aikman, and
went into effect on Friday.

"Police must be respectful of the rules of law which form the
cornerstone of our society and must be mindful of the important
functions police carry out under our constitution," said Aikman.
"Police carry out the law, they do not make it."

Chief Tony Repa is now calling on the federal government to clarify
the law, which has been in limbo as judges across the country throw
out existing possession charges and refuse to endorse new ones.

In a May 16 judgment, Justice Steven Rogin of the Ontario Superior
Court of Justice ruled possession of cannabis was no longer an offence
known to law.

Officers have been directed not to arrest or issue any fines or
charges, if the only offence being investigated is possession,
regardless of the amount.

Trafficking and production of cannabis remain offences under the law
and these offences will be investigated as in past practices, but
Paquin said it 's difficult to say just how much marijuana will
substantiate a charge of trafficking.

"It will be handled on a case-by-case basis," he said. "It's difficult
to get into specifics. Where we will draw the line, we don't know."

The Canadian Association of Chiefs of Police now believes, as a result
of such actions, other sectors of the Ontario justice system have
accepted this decision and have now interrupted the course of due process.

Justices of the peace are refusing to sign informations or confirm
charges initiated by police, while some judges are dismissing charges
of possession presently before the courts.

The Ontario Provincial Police is taking a slightly different approach
to the issue. Officers will continue to stop people believed to be in
possession of marijuana and follow past procedures.

"As of right now, we're continuing to process things as we normally
do, but we will not lay the charges until a decision has been made,"
said Sr. Const. Al Lummiss. "Charges would be pending, and all of the
information would be in place, but we would not bring it to the courts."