POLICE WILL CONTINUE TO LAY CHARGES FOR POSSESSION OF MARIJUANA

'I Do Not Support Police Officers Acting As Judge And Jury'

NORTHUMBERLAND - It's business as usual for enforcement of pot possession
laws in Northumberland County. Whether any charges make it to court,
however, is a wait-and-see proposition.

Northumberland Ontario Provincial Police (OPP) officers are treating
possession of marijuana under 30 grams as enforceable under existing laws
until directed to do otherwise by the federal crown, said OPP Senior
Constable Jamie Stone. The same scenario holds true for the Port Hope and
Cobourg Police services.

Cobourg Police Chief Garry Clement said his officers will continue to lay
charges as per the Criminal Code.

"I do not support police officers acting as judge and jury," said Chief
Clement. "We will continue to lay charges and it will be up to the federal
crown to decide where the charges go from there."

He added he is vehemently opposed to the decriminalization of marijuana
possession, even in small quantities.

"There is a huge misconception about marijuana," said the Cobourg police chief.

"The marijuana available today is not the marijuana of the 60's and 70's,
which had a THC (tetrahydrocannabinol, the psychoactive substance in
marijuana) content of three to six per cent; today's pot has a THC content
between 38 and 40 per cent."

Putting pot possession on par with a speeding ticket is not a smart move,
he noted. There seems to be a real push to save money in the court system;
however, little has been said about the possible health and societal risks
from relaxing possession laws.

"I firmly believe any costs saved in the court system will be spent tenfold
down the road in the health-care system," says Chief Clement.

"And what kind of message are we sending to kids?

"How are we going to convince kids to stay away from drugs?"

In neighbouring Durham Region, officers have been instructed to stop laying
charges for pot possession.

Late last week, Tom Kaye, president of the Ontario Association of Chiefs of
Police, advised police chiefs to tell their officers to discontinue laying
simple marijuana possession charges (under 30 grams) until the law is
clarified by either the courts or the federal government

Mr. Kay advised officers to process charges in accordance with departmental
policy procedure, store the drugs, do the required paperwork and wait and
see what happens in the Ontario Court of Appeal.

Although officers have been advised not to lay charges, it doesn't mean
Ontario residents can openly carry marijuana without fear of being
arrested, he noted. Individuals may be charged down the road as police are
processing people found in possession of marijuana and keeping the
incidents on record.

Charges will depend on the outcome of a Department of Justice appeal of a
Superior Court ruling last month that the existing possession law is no
longer valid.

On May 16, a Windsor judge ruled possession of less than 30 grams of
marijuana is no longer against the law in Ontario. The matter is now in the
hands of the Ontario Court of Appeal, which is expected to decide on the
matter some time this week.