Pubdate: Mon, 09 Jul 2007 Source: Hamilton Spectator (CN ON) Copyright: 2007 The Hamilton Spectator Contact: http://www.hamiltonspectator.com/ Details: http://www.mapinc.org/media/181 Author: Alexander Panetta, The Canadian Press POLICE SPLIT OVER WHAT TO DO WITH POT SMOKERS Marc-Boris St. Maurice has been arrested so many times for marijuana possession that he serves as a one-man clinical study in the fate reserved for those caught with small amounts of pot. The study's theme would be inconsistency. The Montreal pot activist has been arrested about seven times and on a handful of other occasions he's been left alone by police without so much as a slap on the wrist. His mishmash of experiences with authority offers a glimpse into a law whose application appears at best erratic, and at worst improvised and arbitrary. The 38-year-old has been handcuffed, shoved into police cars, shared a paddy wagon with an accused wife-beater and car thief, and had officers sniggering at him during one of the strip-searches he's been subjected to. At other times, his breach of the law was met with yawning indifference. A few weeks ago he tossed away a joint as he bumped into two officers on foot patrol down trendy St. Laurent Boulevard. St. Maurice was asked for ID by the constables. After they learned that he'd founded the federal Marijuana party, the three proceeded to have a spirited chat about politics and federal cannabis laws before the officers walked away and left him alone. "It's totally random. It's like playing the slot machines," St. Maurice said of police enforcement. A Montreal cop who asked not to be identified said some of his colleagues can spend an entire career on the force without ever arresting any of the people they catch smoking a joint. "To me, charging someone for pot possession is a waste of resources -- for police and the justice system. But some cops go by the book and apply the law every time." That split among law-enforcement officers over what to do with marijuana cases is illustrated by the example of Jon, a Victoria furniture-store manager who asked that his last name be withheld. He left the store one night in 2003 still dressed in his work dress shoes, shirt and slacks, taking a walk through one of the grittier parts of town to buy some weed for a party. He didn't know he was being watched as he purchased $10 worth of marijuana -- enough for a couple of joints. He turned around and made his way toward a friend's apartment. A police van cut him off, one officer jumped in front of him and another pushed him into a wall. Acquaintances gawked and worried about what Jon might have done. He was handcuffed and brought into the van, which is where the arresting officers had an open disagreement about what to do with him. Jon recalls the younger cop saying to the older cop, "Should we just let him go?" The older officer replied, "No, we're taking him to the station." Jon decided to fight his case, instead of agreeing to pay a small fine and doing community service. That triggered a six-month legal battle that only ended when the officer who witnessed the transaction died and the charges were dropped. One police chief said officers rarely go looking for pot-smokers. But they will make an arrest if they stumble into them. It can be another crime or something as trivial as a burned-out brake light that alerts police to the sight or the unmistakably pungent smell of cannabis, said Peterborough police chief Terry McLaren. "Probably seven out of 10 (possession busts) have been arrested on another charge," said McLaren, also head of the Ontario Association of Chiefs of Police. "Or (they) were brought to the attention of police for another reason and a subsequent investigation reveals the possession." - --- MAP posted-by: Derek