POT POSSESSION CHARGES ADJOURNED UNTIL DECISION MADE ON FEDERAL LAW

A Cape Breton man is escaping prosecution, for the time being, on drug
possession charges, thanks to a legal void in Canada's marijuana laws.

Two charges against James Edward MacDonald, 19, of MacGuire Drive, Sydney,
were adjourned Wednesday until Sept. 10 at the request of federal
prosecutor Matthew Ryan.

MacDonald is charged with possession of less than 30 grams of pot and 10
grams of hashish.

Federal prosecutors across the province are seeking adjournments in all
simple possession cases because of a failure by the federal government to
revamp its marijuana laws.

The adjournments are being sought after provincial court Judge Flora Buchan
stayed a possession charge last month against a Halifax County woman.

In her decision, Buchan said proceeding on the charge could result in an
abuse of process since similar charges were already stayed in two other
provinces.

"All Canadians are entitled to expect uniformity from the federal Crown,"
said Buchan, in her decision.

The federal Crown is seeking to appeal Buchan's ruling and no date has yet
been set for such a hearing before the Nova Scotia Court of Appeal. Until
the appeal is heard, it is expected that all simple possession cases will
continue to be adjourned.

The problem arises from an Ontario Court of Appeal decision in 2000, in
which the court ruled the country's marijuana laws were in conflict with a
man who uses the drug for medicinal purposes. The federal government has
enacted legislation allowing specially licensed individuals to use the drug
as part of pain control therapy.

The Ontario court went an extra step in its decision and ordered the
federal government to revamp its legislation within a year. The government
has so far failed to act.

As a result of the lack of action by the federal government, courts in
Ontario, Prince Edward Island and now Nova Scotia have adjourned simple
possession cases until the law is clarified.

While federal Justice Minister Martin Cauchon has indicated he will be
bringing forth legislation to decriminalize simply possession - under 30
grams - he has yet to introduce such legislation in the House of Commons.

But while prosecutors aren't prosecuting such cases for now, don't expect
police not to be issuing charges.

Cape Breton Regional Associate Police Chief Dave Wilson is already on
record as saying that until the law is changed, police have no other
alternative but to charge individuals with possession.