POT OF GOLD FOR LOCAL TOKERS

No Charges for Possession

OTTAWA'S police chief has told his officers not to arrest or charge
people for possessing less than 30 grams of marijuana.

Chief Vince Bevan said in a statement yesterday he has told officers
to "not arrest or issue any form of process" on individuals possessing
this amount of cannabis for personal use.

Bevan's move comes a day after the Ontario Association of Chiefs of
Police advised police to refrain from laying charges in such cases
until the courts clear up possession laws.

On Tuesday, the federal Department of Justice is expected to ask the
Ontario Court of Appeal to stay a decision that such possession is not
illegal, made by a Windsor judge in January. The department is
appealing the decision, and a court date for the appeal might also be
set Tuesday.

Confiscate Pot

Bevan has directed officers to carry out investigations of pot
possession "in accordance with established procedures." Officers are
to confiscate marijuana and document investigation findings "with a
view to taking the appropriate action including laying a charge(s) by
summons after clarification of the law by the Court of Appeal.

"If the motion (for a stay) is successful, police officers in this
jurisdiction will continue to process cases as we have done in the
past. If the motion is unsuccessful, we will need to await the outcome
of an appeal."

Bevan called on the feds to resolve the confusion with legislation if
the Court of Appeal does not overrule the Windsor judge. Bevan said
current plans to decriminalize pot possession of 15 grams or less will
not clear up the issue.

"I am concerned that in the interim, this situation is undermining
public confidence in the integrity of the criminal justice system,"
Bevan said in the statement.

Eugene Williams, director of the federal prosecution service for
Ottawa-Gatineau, which is responsible for prosecuting narcotics cases,
said he has no problem with Bevan's direction.

Up to Police

Jim Leising, federal prosecution service director for Ontario,
agreed.

"It is for the police to make these decisions independently as to how
they want to exercise their discretion," he said, adding his
organization's position is "there is still a valid prohibition."

Mike Foster, owner of Crosstown Traffic, a cannabis paraphernalia
store, was pleased with Bevan's directive.

However, the decision won't alter how members of the cannabis
community enjoy their smoky pastime.

"We all kind of live our lives oblivious to government anyway," Foster
added. "We smoked dope yesterday, we'll smoke dope tomorrow."