DAZED AND CONFUSED

Ontario Marijuana Regulations A Mind-Bending Morass.

"As far as I can see it," said Canadian defense attorney Brian McAllister,
"we're embarking on the summer of unregulated pot in Ontario."

He reached that conclusion last month after his case involving a teenager
possessing a small amount of marijuana was dismissed by Superior Court
Justice Steven Rogin, who ruled that there is currently no legal basis in
Ontario for prosecuting those accused of possessing small amounts of
marijuana.

Rogin based his decision on a 2000 Ontario Court of Appeal ruling that
provincial laws against marijuana possession were invalid because they
failed to make provisions for medical marijuana use. However, to prevent
mass clam-baking throughout the province, the court suspended its ruling for
12 months, allowing Parliament time to correct the oversight. But Ottawa
didn't act; as a result, courts are now dismissing small possession cases.

But some police departments across the province are still collaring dope
smokers.

"We'll still arrest you and seize it [the pot]," said staff sergeant Ed
McNorton, media relations officer for the Windsor Police Department. "We are
just waiting for some clarification of the laws."

According to McNorton, Windsor police are simply documenting the possession
and then releasing the suspect, but can still file charges within six
months.

"A lot of people are asking what basis they have," said McAllister in
regards to the arrests. "People are intent on finding out what is going to
happen."

The Court of Appeal is scheduled to consider the issue in late July.

In addition to the Ontario reefer madness, the Liberal Party is pushing a
cannabis reform bill in Parliament that would relax penalties for those
caught with small amounts of marijuana while stiffening punishment for
growers.

Criticisms have flowed into Ottawa quicker than Phish fanatics to Windsor.
President George W. Bush and his cronies are at the prime minister's throat,
saying Canadian marijuana reform could result in an increase of the flow of
pot into the United States, necessitating increased security on the northern
border. The administration also hinted at future trading conflicts with
Canada if the bill becomes law.

Cherise Miles, public affairs officer for U.S. Customs at the
Detroit-Windsor Tunnel, says there are no plans to increase border security
because of the marijuana issues in Canada.

"We are already on the increase," said Miles. "We have been ever since 9-11.
What will happen remains to be seen."

McAllister doesn't understand Bush's rationale.

"I think the current U.S. approach [to Canada's laws] is absolutely
nonsensical and ridiculous," said McAllister, who suggested that the
marijuana reforms in Canada would result in pot laws less liberal than in 12
American states.

"The whole notion that these reforms are going to bring a huge, fast influx
of pot into the U.S. doesn't make sense. The people growing the pot are
actually going to be punished more," he added, referring to the proposed
legislation.

That bill calls for someone found with up to 15 grams of pot to get a
ticket, much like a traffic citation. (There are 28 grams to an ounce.) The
range of fine would depend on whether the perpetrator is a minor or an
adult, and whether the person is committing a crime while under the
influence of pot.

Also under the new law, penalties for growers would double, meaning that
someone growing one to three plants could receive a fine of up to $5,000 and
a year in jail. For growing more than 25 plants, a grower could receive up
to 10 years behind bars.

The proposal -- at least citations for small amounts -- is an idea that
Debra Wright, co-founder of the Drug Policy Forum of Michigan, hopes will
catch the attention of U.S. and Michigan lawmakers.

"The U.S. is really lagging behind the rest of the world in this," said
Wright. "I'm hoping that we'll put these ideas on the table, discuss them,
and hopefully bring about some reform."

The 100-member Drug Policy Forum of Michigan organizes conferences to
discuss drug policy and push for reform.

Many politicians say marijuana reform sends the wrong message to kids.

"For years, police and health officials have been saying, 'Say no to
drugs,'" said McNorton, the Windsor police spokesman. "Now, these new laws
are undermining it.

"I've been a police officer for many years and I've never seen anything good
come out of illicit drugs."

Wright argues that reform could actually help protect kids.

"Our drug policy is not keeping marijuana out of the hands of children," she
said. "If anything it adds to the problem. I have a teenager who could tell
you it's easier to get drugs than alcohol. If they [drugs] were regulated,
it would be better kept from kids."

In Ontario, Luke Hildreth, who works in a Windsor head shop, says many
people want to see liberal laws, but not ones that will negatively affect
Canadian youth. He said that on the streets of London, Ontario, you see
people everywhere with T-shirts and hats emblazoned with marijuana leaves.
Near the entrance to the London campus of the Toronto School of Business,
students can be seen playing hacky sack and openly and rather loudly
discussing which drugs, or mixture of drugs, produce the best high.

"Kids are exposed to this all the time," said Hildreth. "It's just like
alcohol, which is much more harmful."

"But I still like it," chuckled Hildreth.

Whether this summer of "unregulated pot in Ontario" will stretch into fall
and beyond remains to be seen. A government appeal on the possession case
may not be heard until the end of July, and the cannabis reform bill still
has a long way to go in Parliament.

In the meantime, attorney McAllister hopes something good can result.

"Maybe it will show Canadians that it isn't needed to be so regulated," said
McAllister, "or maybe, not regulated at all."