POLICE ADVISED NOT TO LAY POT CHARGES

TORONTO (CP) -- Police in Ontario are being advised to no longer lay
charges for simple possession of marijuana under 30 grams until the law is
clarified by either the courts or the federal government. "We're asking the
chiefs basically to advise their officers to show discretion when they're
dealing with these things," Tom Kaye, president of the Ontario Association
of Chiefs of Police, said yesterday.

"If it's under 30 grams, process them in accordance with your department's
policy procedure, lob the drugs in the vault, do up all the paperwork that
would be required and then wait until we see what's going to happen from
the appeals court. "

Although officers have been advised not to lay charges, Kaye said that
doesn't mean Ontario residents can openly carry marijuana without fear of
being arrested.

"These individuals may well be charged down the road," he said.

Police are being told to process people found in possession of marijuana,
then keep the incident on record. Charges would 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existing possession law is no longer valid.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, Superior Court Justice Steven Rogin ruled that possessing less
than 30 grams of marijuana is no longer against the law in Ontario.

Kaye said he believed the Justice Department would be moving on an appeal
of that decision as early as next Thursday.

The Department of Justice could not be immediately reached for comment.

The Ontario Association of Chiefs of Police said the interim decision to
not lay charges is a reaction to unclear messages from the courts and the
federal government.

"What we're finding, in some cases, the courts are either adjourning the
matters until either the appeal court has been heard, but in other ones
they're actually just throwing the charges out," Kaye said. -- Canadian Press