Pubdate: Thu, 09 Oct 2003
Source: Chronicle-Journal, The (CN ON)
Pubdate: Thu, 9 Oct 2003
Contact:  75 South Cumberland St., Thunder Bay,  Ontario P7B 1A3
Fax: (807)345-3582
Website: http://www.chroniclejournal.com/
Copyright: 2003 The Chronicle-Journal
Author: Jim Kelly

POLICE LAYING POT CHARGES

Thunder Bay Police officers are cleared to make arrests and lay charges 
against those caught with less than 30 grams of marijuana.

"We'll be sending directions to our officers that the policy in June has 
been rescinded and to enforce simple possession," Police Chief Bob Herman 
said yesterday.

"We will go back to business as usual."

Herman was referring to an Ontario Superior Court ruling in May that 
effectively said possession of cannabis was no longer an offence.

The decision only affected possession of less than 30 grams.

The Ontario Court of Appeal this week upheld an earlier Ontario Superior 
Court ruling that found those who qualified under Ottawa's medicinal 
marijuana program were unfairly restricted in obtaining a safe, legal 
supply of the drug.

But it stopped short of striking the law down.

Prime Minister Jean Chretien said this week the government will try to pass 
a marijuana bill this fall that would effectively decriminalize possession 
of the drug.

Criminal sentences for simple possession would be replaced with fines.

During the past five months when the law was not enforced, police officers 
fully documented any seizures with the possibility of laying charge at a 
later date.

Herman said individuals who were documented will be summoned to appear in 
court once police track them down.

It is still up to the Crown to decide on prosecution.

Similarly, Ontario Provincial Police will begin laying charges immediately 
for simple possession, but will refer documented cases to the Crown.

"With seizures that took place when the validity of the law was in 
question, our officers are being asked to contact the local Crown to 
determine whether charges will be processed," OPP community services 
co-ordinator Sgt. Deb Tully-Waffler said.

She said she didn't know how many individuals were documented during the 
past five months.

The local Royal Canadian Mounted Police detachment is awaiting direction 
from headquarters in Ottawa before commenting on the matter, Cpl. Steve 
Arthur said.
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