Pubdate: Wed, 24 Sep 2003
Source: Arrow Lakes News (CN BC)
Copyright: 2003 Arrow Lakes News
Contact:  http://www.arrowlakesnews.com/
Details: http://www.mapinc.org/media/2309

B.C.'S REALLY GOING TO POT

Is it now legal to possess small amounts of marijuana for personal use? The 
simple answer is no, it's still illegal, but a recent court decision has 
definitely shifted the politics of pot in favour of the smokers.

On Sept. 4, Judge Patrick Chen ruled "there is no offence known to law at 
this time for simple possession of marijuana." Chen's decision, while not 
binding on the B.C. Supreme Court, makes B.C. the fourth province, along 
with Ontario, Prince Edward Island, and Nova Scotia, to strike down the 
federal pot-possession law.

All these court actions have occurred because in 2000, the Ontario Court of 
Appeal struck the law down, saying it was constitutionally invalid because 
the law didn't give an exemption for medical use. The court gave Parliament 
a year to pass a new one, but so far, it has yet to do so.

Criminal justice officials were quick to defend the status quo. Rich 
Coleman, B.C.'s Solicitor-General and a former cop himself, said pot is 
still considered an illegal drug in Canada. Vancouver Police Const. Sarah 
Bloor said they'll keep following the letter of the law when it comes to 
busting pot smokers.

Calling Bloor's bluff, the Marijuana Party held a "smoke-out" last Thursday 
in front of Vancouver Police offices. Party president Marc Emery puffed on 
a cuban-size cigar of B.C. bud. Nobody was arrested. Earlier Emery said the 
ruling will be "very influential and a lot of judges will refuse to proceed 
with any marijuana possession offences now."

He's right. Judges at the Supreme Court level have to have a pretty good 
reason to overturn a fellow judge's decision. So what happens now if you're 
caught with a "little green bag"? You may be charged, but until Ottawa 
passes a new pot-possession law, the charge is unlikely to stick.

Meanwhile, the first crop of medicinal marijuana grown out of the federal 
sanctioned government grow-up in Manitoba has been declared a dismal 
failure. Those who tried it said they got sick from smoking so much of the 
weak weed. Others said the only thing they felt was...disappointment.
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MAP posted-by: Jay Bergstrom