POLICE REVIEW MEDICAL POT POLICIES

No new federal laws pertaining to the possession and use of marijuana have
come down since Health Canada began giving medical exemptions several years
ago.

Nonetheless, a city council motion calling on the federal government to
re-write its marijuana laws has prompted the Victoria police to revisit
current regulations for the use and possession of cannabis for medicinal
purposes.

"We've just got to get up to steam as to what the regulations are and we'll
amend our practices accordingly," says Victoria police chief Paul Battershill.

"We've got one of our sergeants reviewing (the regulations) and he's going
to be presenting a report to our senior management team next week, to go
over what the implications will be to our operational policing."

The original civic motion brought forward by Coun. Rob Fleming asked
council to support the decriminalization of all marijuana use and
possession. After suggestions from councillors Helen Hughes and Pam Madoff
that the wording be changed to read "for medicinal purposes" only, Fleming
agreed to amend the motion.

Fleming admits the decision by council to support making the use of
marijuana for medicinal purposes legal was not intended as a directive to
police telling them how to act. He calls it a "policy position" designed to
convince the Federation of Canadian Municipalities to lobby the federal
government and Health Canada to revisit current laws.

"I think it's one of those things where the federal government is saying
the right things around compassion for sick people, but they've been
dreadfully slow and overcautious on anything meaningful being implemented,"
he says.

While not intended to force the police's hand, it remains unclear whether
council's decision will affect the way Victoria police deal with the
operation of so-called "compassion" clubs, organizations set up -- albeit
illegally under current laws -- to distribute marijuana to terminally ill
individuals and those suffering from other painful conditions.

The emergence of such clubs stems from what operators say are distribution
problems due to having just one federally-licensed grower and distributor
- -- Prairie Plant Systems in Flin Flon, Man. -- and unreasonable delays for
patients seeking federal exemption from prosecution for medicinal use of
marijuana.

Ted Smith, co-founder of the Cannabis Buyers Club in Victoria, estimates
only two to three dozen of his club's nearly 1,000 members have
government-issued exemptions.

Victoria police have on numerous occasions charged Smith with possession of
marijuana for the purposes of trafficking.

While Smith says he applauds the move by city council to recognize the
difficulty in getting the drug to those in need, he concedes it remains to
be seen what the practical implications are, if any.

"With every victory we have in this movement, it could create a backlash,"
he says. "It kind of puts the police in a hard position. It's asking them
to make a decision whether someone is using marijuana for medical reasons
or not."

Smith says his organization will likely target Esquimalt next, to request
civic support for decriminalizing marijuana.