Pubdate: Fri, 18 Apr 2003 Source: Toronto Sun (CN ON) Copyright: 2003, Canoe Limited Partnership. Contact: http://www.fyitoronto.com/torsun.shtml Details: http://www.mapinc.org/media/457 Author: Zen Ruryk LAWYER: SMOKE BYLAW POT FREE Weed Not Included If marijuana was legalized, Toronto's current anti-smoking bylaw would not apply to tokers, according to the city's top lawyer. City solicitor Anna Kinastowski said the Ontario Municipal Act only gives cities the right to restrict the smoking of tobacco. That has Councillor Peter Milczyn wondering whether pot smokers will some day be free to light up in restaurants -- locations where smoking tobacco is outlawed unless the eatery contains a separate, ventilated room. "I'm not a smoker, but if I go into a restaurant and I smell smoke, it may be unpleasant, it may be unhealthy for me," said Milczyn, who added he hasn't tried dope since high school. "But if I go into a restaurant and I'm not smoking pot, but I'm getting a whiff of it, well I'm getting high when I don't want to get high. So in a way, it would be worse -- or better, I guess, (depending) on your perspective." Phase Out Smoking Rooms Meanwhile, council this week put off making a decision on whether to approve the health board's call to eliminate smoking rooms. Councillors decided they wanted to give representatives of the restaurant industry an opportunity to comment on how to phase out the refuge for nicotine-dependent diners. Milczyn, who opposes the health board's efforts, said he sees the attempt to eliminate smoking rooms as an initiative sparked by council's left wing. "At the same time, I think you would find on the left wing of council a lot of people that would be certainly inclined to (support) the legalization of marijuana -- and I just see a bit of hypocrisy," he said. Councillor Joe Mihevc, health board chairman, said he doesn't foresee the day coming when restaurant patrons can't smoke tobacco but are free to light up a joint. Mihevc said he favours decriminalization of weed and wants to deal with it as a public health matter. - --- MAP posted-by: Beth