Pubdate: Wed, 08 Jan 2003 Source: Chatham This Week (CN ON) Copyright: 2003 Bowes Publishers Limited Contact: http://www.bowesnet.com/ctw/ Details: http://www.mapinc.org/media/719 Author: Simon Crouch 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don't want to put words in (the judge's) mouth, but he has come to the conclusion that the minor possession charges are no longer valid," Herder said.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. - --- MAP posted-by: Jay Bergstrom