Pubdate: Fri, 04 Jul 2003
Source: Port Perry Star (CN ON)
Copyright: 2003 Port Perry Star Co. Ltd.
Contact:  http://www.portperrystar.com/
Details: http://www.mapinc.org/media/2533
Author:  J. Rik Davie
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

POLICE UNCLEAR ON PROPOSED NEW POT LAWS

Durham Regional Police officers have some grave concerns about the first 
summer under proposed new marijuana possession laws.

The federal government recently announced that it will move to make the 
simple possession of less than 30 grams of marijuana a provincial offense, 
punishable by fines instead of an arrest and court appearance.

As a result, most police officers are now turning their heads when it comes 
to finding a small amount of pot.

Inspector Jim Douglass of North Durham's 26 Division told The Star that he 
can only comment on the policy statement made by senior Durham police 
officials.

"In reading from the directive we have been given, I can say that, in 
effect, simple possession is no longer a criminal matter," Insp. Douglass 
said, before quickly adding, "Trafficking and production as well as 
investigative seizures remain in place as chargeable offenses."

Insp. Douglass said that he has concerns over the limbo placed on 
possession laws while the courts are declining to prosecute alleged 
offenders as they await final government legislation on the issue.

"I guess I am concerned about the fact that we have no way of administering 
a roadside test for impairment," Insp. Douglass said.

"I have concerns too that traffickers may be able to get around certain 
laws by simply carrying what amounts to about a half a pack of cigarettes 
worth of a substance."

One street-level police official, who asked not to be named, said that he 
is concerned that the ability of police to search for larger amounts of 
marijuana using simple possession as a lawful cause is undermined by the 
present situation.

"I am troubled by this and by the fact that the courts are declining to 
prosecute something that is still an offense under the law," the officer said.

Clint Cole, the high school community liaison officer for North Durham, 
said that he had to decline to comment on the exact effects of the changes 
in policy, but he added that parents with concerns had avenues to ask 
questions.

"From a policing perspective, we are and have always been willing to meet 
with parent groups or school community councils," Constable Cole said. "We 
can inform parents of the situation and any concerns we have and we can 
hopefully work together to send the right message about drug use out to the 
kids."

Insp. Douglass said that none of his officers have reported seeing persons 
smoking marijuana in their presence.

"I have not heard that up here, no," Insp. Douglass said. "If it happened 
could we stop it? According to the information I have been given, the 
answer to that would be, possibly not."

For students in Durham District School Board classrooms however, nothing 
has changed. Possessing marijuana is still and expulsion offense according 
to Superintendent for Safety and Security, Joel Hircock.

"We have asked the Ministry of Education for some firm direction on this 
issue given the changes probably at the federal level with marijuana 
possession," mr. Hircock said.

'However our directives say specifically that possessing drugs or alcohol 
are not permitted and result in immediate suspension. that has not changed."

Mr. Hircock said that he hopes police and educators can work together with 
parent groups on the issue once firm direction comes form the province.

"We expect to have that direction soon," mr. Hircock said. "after all 
September is not that far away.'
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MAP posted-by: Jay Bergstrom