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News (Media Awareness Project) - CN ON: Judge Rules Pot Possession Not Against Law
Title:CN ON: Judge Rules Pot Possession Not Against Law
Published On:2003-05-17
Source:Toronto Sun (CN ON)
Fetched On:2008-01-20 07:20:29
JUDGE RULES POT POSSESSION NOT AGAINST LAW

WINDSOR, Ont. (CP) -- Possessing less than 30 grams of marijuana is no
longer against the law in Ontario, a Windsor judge said in a ruling
released yesterday.

Superior Court Justice Steven Rogin's decision has "effectively erased the
criminal prohibition on marijuana possession from the law books in
Ontario," said Brian McAllister, the lawyer who challenged the law on
behalf of a 17-year-old client.

Rogin's decision is almost certain to be followed by judges of Ontario's
lower court, where nearly all marijuana possession cases are decided.

"This decision is also likely to have significant repercussions on the
viability of marijuana prosecutions across the country," he said.

Hundreds of marijuana possession cases in Ontario have been put on hold
pending Rogin's ruling and the outcome of other cases before the Supreme
Court of Canada.

That shouldn't change until the Ontario Court of Appeal reviews Rogin's
decision, said Jim Leising, the justice department official responsible for
drug prosecutions in Ontario.

"We certainly continue to maintain that possession of marijuana is
prohibited by the Controlled Drugs and Substances Act, and we'll be moving
quite quickly to appeal this judgment," he said.
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