Pubdate: Thu, 09 Oct 2003 Source: Sentinel Review (CN ON) Copyright: 2003 Annex Publishing & Printing Inc. Contact: http://www.annexweb.com/sentinel Details: http://www.mapinc.org/media/2385 Author: Hugo Rodrigues POT CHARGES BACK ON TABLE FOR NOW: COPS Feds Move to Fast-Track Law to Decriminalize WOODSTOCK - Although possessing it is illegal again and police say they'll charge people for it, one marijuana advocate says pot smokers won't be changing their habits anytime soon. "I don't believe it's a real setback," said Jim Bender, owner of Lady Godiva's on Dundas Street. The Ontario Court of Appeal ruled Tuesday in favour of protecting medical marijuana users and reinstated simple possession for non-medical use as a criminal offence. Bender recently helped organize a marijuana smoking rally that attracted 200 people to Woodstock's downtown core. "People are going to keep smoking pot and that won't change," he said. What will change, however, is how police will now consider the law. People who do get caught will be charged, said Oxford Community Police Chief Ron Fraser, as the appeal court ruling allows police to resume laying charges for simple possession. That includes officers reconsidering charges from recent seizures when the law was in limbo. "We will lay charges in all situations where pot was seized over the summer, where there was enough evidence," said Fraser. Bender was doubtful police would go back and charge everyone they may have stopped over the summer. He noted police on the beat in Woodstock have been "pretty good" in the past when it came to people possessing small amounts of the drug. "I'm sure Ron Fraser is just more than confused about this," said Bender. Fraser said there is no confusion over the enforcement of the Controlled Drugs and Substances Act, but that he said he will encourage officers to use their discretion when they come across marijuana. "We've never changed our policy - if an officer has seized the drug, they can lay charges," said Fraser. "Granted, if it's just a couple of roaches, they (smokers) likely won't be charged. But if we're talking about four or five joints, they will. It's up to the officer's discretion." Fraser added the force won't be hunting down pot smokers. Officers are being asked to deal with situations as they come across them when patrolling their regular beats. Bender urges advocates carry on despite Tuesday's ruling and continue the political campaign to legalize marijuana. He pledged to drop off a petition to MP John Finlay (Oxford-Lib.) this Friday. It presently has more than 200 names. The federal government is, in fact, moving to speed up passage of legislation to decriminalize possession of marijuana. The Liberals will try to fast-track the bill Thursday by referring it for early study by a Commons committee after only three hours of debate in the House of Commons. Justice Minister Martin Cauchon expressed hope that the procedural tactic will speed the way toward ultimate passage. Don Boudria, the government House leader, suggested the bill could be wrapped up before the end of the fall session, as Prime Minister Jean Chretien wants. The legislation has sparked misgivings among Liberal backbenchers, however, and opinions are divided on whether it can be pushed through as quickly as the government hopes. MP Derek Lee, a key member of the committee that will study the legislation, said he thinks hearings can be held "fairly expeditiously" but was doubtful it an pass all necessary legislative stages before the end of the year. John McKay, chairman of the influential Ontario Liberal caucus, said it would be "pretty optimistic" to expect final passage even by spring. Most Liberals expect a new government led by Paul Martin will be issuing an election call around April, cutting off work on any bills that haven't passed by then. - --- MAP posted-by: Richard Lake