C-K MARIJUANA BUSTS CONTINUE

Despite Court Ruling, The Law Stands, Says Chief

Local News - It's business as usual for Chatham-Kent police when it comes
to laying pot possession charges.

Police Chief Carl Herder said the service will continue to charge those who
possess "small or minor amounts of any type of illegal drug," following a
Wednesday drug bust in Chatham.

A search warrant executed at a Taylor Avenue residence during the noon hour
led to a pot possession charge for a Chatham man. The 27-year-old was
allegedly found with 26 grams of marijuana.

The pot, valued at $523, was part of a total seizure of 650 grams of
marijuana at the location, with a street value of $13,000. Further
investigation resulted in police confiscating an additional 113 grams of
pot valued at $2,270.

The warrant resulted in charges of trafficking and drug possession charges
against a 50-year-old man. A second man, 35, faces a charge of possession
of a narcotic. Both were taken into custody by police and held for a bail
hearing.

Smaller amounts of drugs won't be overlooked by law enforcement officials,
because the rules haven't changed, Herder said. A recent court decision in
Windsor in which a marijuana possession charge against a 16-year-old boy
was thrown out has cast uncertainty on pot possession legislation.

Ontario Justice Douglas Phillips agreed with the youth's lawyer, Brian
McAllister, who argued that the law that makes possession of marijuana a
criminal offence is effectively invalid in Ontario.

However, the Controlled Drugs and Substances Act is still the law of the
land in Canada and police will continue laying pot possession charges.

"Our same policies are still in effect," Herder said, adding "we won't stop
such action until the Supreme Court says so."

But those charged won't likely have their day in court until an appeal
launched by the federal government against Phillips' ruling is decided.

The government's case is expected to be heard in Superior Court in Windsor
within the next 30 days.

In defending the 16-year-old, who was on probation when he was arrested
last April, McAllister sought to have the charge dropped on the grounds
that Ottawa has not yet adequately dealt with a ruling two years ago from
the Ontario Court of Appeal.

In that landmark decision, the appeals court sided with marijuana user
Terry Parker, an epileptic, who argued that the law violated the rights of
sick people using the drug for medical reasons.

- -- With files from Erica Brown