POLICE STILL ENFORCING MARIJUANA LAWS BUT TARGETING DEALERS MORE THAN SMALL
USERS

Questions raised by a Windsor judge about the legality of marijuana laws
won't change the way Chatham-Kent police do their jobs, according to Chief
Carl Herder.

The judge in Windsor has dismissed charges of possession of marijuana
because of concerns that the law might not be valid. Chatham Judge Bruce
Thomas has delayed ruling on some charges until the issue is clarified.

"The judge has his own interpretation of what happened but only the federal
House of Commons can change law," Herder told Chatham This Week.

Ironically, questions about the possession charges arose because of
attempts to clarify the situation of people who need marijuana for medical
conditions. Just over a year ago, the Supreme Court ruled the federal
government's law is inadequate and imposed a one-year deadline for a new
law to be drafted.

That hasn't happened and some people interpret that to mean that the
current law is invalid and shouldn't be used to convict people for simple
possession.

"That would be my interpretation of it," says Chatham lawyer David Jacklin.
"It's a big issue because it all goes with the decriminalization question."

But Herder says police can't do their jobs based on a change to legislation
that may or may not be made sometime in the future. "I don't want to put
words in (the judge's) mouth, but he has come to the conclusion that the
minor possession charges are no longer valid," Herder said. "Federal
prosecutors are appealing them. It could take some time."

Jacklin says the number of people being charged with simple possession has
been falling for quite some time. He suggests that police are using more
"discretion" on the issue, while they continue to target drug dealers,
especially large-scale grow houses and anyone selling drugs near schools.

Herder says it's not that possession is being ignored, but it is a matter
of the best use of police resources. "Possession for the purpose of
trafficking is certainly more of a concern," he said.

Herder says police are also concerned about the time it will take to
resolve cases that are being delayed while the issue is clarified. Repeated
court dates could add to the amount of time officers spend in court, and
increase the volume of paper work.

And if the process takes too long, a number of cases could be dismissed
anyway, even if the law is ultimately upheld. That's because all trials
have to take place within a reasonable period of time.

If the delay to clarify the law takes too long, defence lawyers will argue
the delay has been unreasonably long.

"We could lose some cases, but we will still be laying charges where
appropriate," Herder said.