Pubdate: Wed, 08 Oct 2003
Source: Sault Star, The (CN ON)
Copyright: 2003 The Sault Star
Contact:  http://www.saultstar.com/
Details: http://www.mapinc.org/media/1071
Author: Frank Dobrovnik
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

NEW RULING PUZZLES LOCAL POT-WATCHERS

Local News - Watchers of Canada's continually evolving pot laws do not 
expect Tuesday's ruling by the Ontario Court of Appeal, effectively 
re-criminalizing possession for recreational use, to be the last word.

It's not clear, though, whether police will start laying charges for small 
amounts of pot after what amounted to a penalty-free summer.

"I think it's temporary," said Rob Waddell, operator of Planetary Pride on 
Queen Street East and organizer of the annual HempFest gathering east of 
Sault Ste. Marie.

Waddell is awaiting a ruling from the Supreme Court of Canada later this 
fall, expecting to see "the prohibition of marijuana will be ruled 
unconstitutional."

In the meantime, he welcomed the latest ruling as "remov(ing) a lot of the 
bureaucracy and hoops" for people who have been cleared by Ottawa to 
consume marijuana for medicinal purposes but had no safe, consistent access 
to it.

Federal regulations governing the program unfairly restrict qualified users 
in getting the drug, the court found. The provisions in question restricted 
licensed growers from receiving compensation for their product, growing the 
drug for more than one qualified patient and pooling resources with other 
licensed producers.

The ruling also struck down a requirement that sick people get two doctors 
to validate their need to use marijuana as a drug.

Compassion clubs, which had been in a legal limbo, "are legal now and the 
federal government must take steps to license and regulate them," Waddell said.

"Overall, it is a good decision. People who are authorized to use marijuana 
for a medicinal purpose will have a legal supply or a way to get it."

Federal Crown prosecutor Wayne Chorney also hailed the "wonderful decision."

Chorney expects to get direction from the Department of Justice this week 
to review the 30 to 40 local files that have been stayed -- another 30 to 
40 were dismissed -- since the spring.

On May 16, a Superior Court of Ontario Justice upheld a ruling throwing out 
a Windsor teen's drug charges, saying there was no legal basis to ban 
simple possession since Ottawa failed to comply with a 2000 order to create 
new laws.

Chorney is also paying attention to Justice Minister Martin Cauchon's 
stated plans to eliminate criminal penalties for simple possession. Under 
proposed legislation, up to 15 grams would be a ticketed offence that 
carries no criminal record.

As to the Supreme Court ruling, "who knows?" he said. "The whole idea (in 
the original case) was to criticize and invalidate and strike down the law 
as it related to medicinal use of marijuana . . . and it got taken a step 
further to strike down the entire law involving possession."

Based on testimony heard last May, Waddell has high hopes from the nine 
Supreme Court judges.

"The court chastised the government lawyer and representatives quite 
heavily during the three days they heard the case, because it's accepted 
that marijuana is a relatively harmless substance in comparison to alcohol 
and tobacco, and it comes down to freedom of choice in the Constitution."

Police in Ontario stopped laying charges for possession of less than 30 
grams pending a final arbiter, but continued seizing evidence.

Bob Davies, chief of the Sault Ste. Marie Service, could not say Tuesday 
afternoon what direction the service will take.

He expected to consult with the Joint Forces Drug Unit and federal Crown as 
to policy.
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MAP posted-by: Jay Bergstrom