Pubdate: Fri, 17 Oct 2003 Source: Lindsay This Week (CN ON) Copyright: 2003 Lindsay This Week Contact: http://www.lindsaythisweek.com/ Details: http://www.mapinc.org/media/2213 Author: Marcus Tully Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) APPEAL COURT RULING MEANS POT LAWS BACK ON THE BOOKS...BUT FOR HOW LONG? An Ontario appeal court ruling making it illegal once again to possess small quantities of pot, means police in the city will once again be charging people caught with less than 30 grams of marijuana. At least for now. Last Tuesday the Ontario appeal court restored a section of the Controlled Drugs and Substances Act, making it illegal to possess small quantities of marijuana; except for medicinal use. The announcement overturns a court decision earlier this year that allowed for small-scale possession, calling Canada's marijuana laws unconstitutional. Key to the more recent decision was a distinction made between possession of pot for social and recreational use and possession for medicinal use. "It's going to take us back to where we stood previously. We will enforce the laws written," said Kawartha Lakes Police Inspector Don Thomas. "It is nice to have a decision on this because we really were in limbo." In consultation with the Crown's office, Insp. Thomas notes officers continued to seize pot after the spring decision decriminalized small-scale possession, without laying charges. Although he says officers didn't necessarily see an increase in marijuana use among residents, Insp. Thomas adds there was a more "blatant" use of pot in the community. City of Kawartha Lakes OPP Inspector Gary Couture also welcomes the ruling. "It (simple possession) was difficult to deal with because it was being seen as not being an offence. This kind of clarifies it for us." Like his counterpart, Insp. Couture says officers with the OPP continued to seize marijuana before the new ruling, without laying charges, but didn't see an increase of use or more obvious use. "We can say that because we continued to seize it anyway." But both officers feel the issue of decriminalizing small-scale pot possession is far from over. "The debate will continue for some time," Insp. Couture said. Only a day after the Ontario appeal court ruling, a bill in the House of Commons called for decriminalizing possessing less than 15 grams of pot, by introducing fines as opposed to a criminal conviction. Although the bill may face amendments, Justice Minister Martin Cauchon said he hopes to have new legislation for pot possession passed before Christmas. - --- MAP posted-by: Jay Bergstrom