LAWYER: SMOKE BYLAW POT FREE

Weed Not Included

If marijuana was legalized, Toronto's current anti-smoking bylaw would not
apply to tokers, according to the city's top lawyer.

City solicitor Anna Kinastowski said the Ontario Municipal Act only gives
cities the right to restrict the smoking of tobacco.

That has Councillor Peter Milczyn wondering whether pot smokers will some
day be free to light up in restaurants -- locations where smoking tobacco
is outlawed unless the eatery contains a separate, ventilated room.

"I'm not a smoker, but if I go into a restaurant and I smell smoke, it may
be unpleasant, it may be unhealthy for me," said Milczyn, who added he
hasn't tried dope since high school.

"But if I go into a restaurant and I'm not smoking pot, but I'm getting a
whiff of it, well I'm getting high when I don't want to get high. So in a
way, it would be worse -- or better, I guess, (depending) on your perspective."

Phase Out Smoking Rooms

Meanwhile, council this week put off making a decision on whether to
approve the health board's call to eliminate smoking rooms. Councillors
decided they wanted to give representatives of the restaurant industry an
opportunity to comment on how to phase out the refuge for
nicotine-dependent diners.

Milczyn, who opposes the health board's efforts, said he sees the attempt
to eliminate smoking rooms as an initiative sparked by council's left wing.

"At the same time, I think you would find on the left wing of council a lot
of people that would be certainly inclined to (support) the legalization of
marijuana -- and I just see a bit of hypocrisy," he said.

Councillor Joe Mihevc, health board chairman, said he doesn't foresee the
day coming when restaurant patrons can't smoke tobacco but are free to
light up a joint.

Mihevc said he favours decriminalization of weed and wants to deal with it
as a public health matter.