Pubdate: Fri, 13 Jun 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: Lance Anderson POT POSSESSION CHARGES ON HOLD Cheech and Chong would be happy men in Peterborough now that local police are loosening their hold on pot possession charges -- at least for the time being. Both Peterborough-Lakefield police and Peterborough County OPP refuse to charge people with possession if nailed with less than 30 grams of pot. Anything over that amount and possession for the purpose of trafficking charges will be laid. City police sergeant Rob Hotston says while it may seem police will look the other way when coming across a person's stash, that's the furthest thing from the truth. "We will still seize the drugs and arrest the individual but they could be released unconditionally," explains Sgt. Hotston. "We're not turning a blind eye. Somewhere down the line we may be laying charges." He says the names of people found in possession of marijuana will be recorded, adding when future legislation regarding pot possession is passed, police will deal with them accordingly. The OPP are treating pot possession charges the same way, says Senior Constable Robert LaFreniere . "Officers are to use their discretion," he adds. "Charges may not be laid immediately." Both police services are taking the same position as the Ontario Association of Chiefs of Police. They came to a decision recently to put a halt on possession charges. Sgt. Hotston says a number of factors led to the decision, but the main one, he adds, is the current court system. Lately, possession charges have been thrown out of court and that is wasting police resources, he says. One high-profile case took place near Windsor. A young man, says Sgt. Hotston, was arrested for possession and found not guilty by a judge. The judge said the reasoning for his decision surrounded a gap in the Controlled Drugs and Substance Act as well as the federal government's constant talk of decriminalizing marijuana. Decriminalizing doesn't mean marijuana will be legal but police may be directed to issue a fine as opposed to a criminal charge. Regardless, the uncertainty is putting police across the province between a rock and hard place. "If the courts are not willing to process charges, it places a burden on our resources. It puts police in the province in the middle because the (possession) law is still in place," says Sgt. Hotston. "The law is the law until it's changed by Parliament, so we have to tread a fine line." He adds Peterborough police have not publicly stated an opinion about pot laws in general. He says it's not a police service's job to provide social commentary about government decisions. However, in an article that appeared in This Week last December, Chief Terry McLaren said he was in favour of relaxing Canada's marijuana laws but not in favour of complete legalization. He added decriminalizing marijuana possession for small amounts would allow his officers to focus their attention on more serious crimes. At the time, about 98 per cent of the cases his front-line officers dealt with were for marijuana possession. In the meantime, Sgt. Hotston wants to assure citizens that officers will still attempt to remove drugs from the streets. "There's an expectation on the part of the public that we enforce the laws. But in the general scheme of things, we have to deal with the reality of the situation itself." With files from Mike Lacey - --- MAP posted-by: Larry Stevens