Pubdate: Fri, 16 Nov 2012
Source: Nelson Star (CN BC)
Copyright: 2012 Black Press
Contact: http://drugsense.org/url/4kNvY8sy
Website: http://www.bclocalnews.com/kootenay_rockies/nelsonstar/
Details: http://www.mapinc.org/media/4866
Author: Greg Nesteroff

POSSESSION CHARGES ON THE RISE

"Except as authorized under the regulations, no person shall possess =C2=85

cannabis, its preparations, derivatives and similar synthetic
preparations, including =C2=85 cannabis (marihuana)." - Controlled Drugs
and Substances Act

More than twice as many marijuana possession charges have been laid in
Nelson in recent years compared to a decade ago.

The Vancouver Sun reported last week on the rise in charges for simple
possession province-wide: 88 per cent between 2002 and 2011, far in
excess of the population increase over the same period.

The newspaper also provided an online database giving
community-by-community breakdowns based on data from Statistics Canada.

"Nelson, which earned a reputation for growing and smoking BC bud, had
298 charges per 100,000 people last year," reporter Zoe McKnight noted.

That's compared to 30 per 100,000 in Vancouver and 81 per 100,000
across Canada.

In actual numbers, 29 charges of simple possession were laid in 2011
in Nelson, second highest in the city during the period studied. The
figures ranged from a low of two in 2003 to a high of 31 in 2009. In
2002, there were 14 charges.

Nelson police chief Wayne Holland, who joined the department in early
2011, said he couldn't explain the higher numbers in recent years
without an incident-by-incident review. However, the department does
not have a strict policy about possession charges, leaving it largely
to officers' discretion.

"Every incident where marijuana is found on a person who interacts
with a Nelson police officer is decided based on the facts of the file
itself," Holland said in an email.

He said a variety of factors are taken into account, including the
amount involved, the circumstances that brought the person to police
attention, whether they have a history of drug offences - especially
trafficking - and whether it's a young offender.

"On every occasion the officer uses their discretion as to whether to
charge," Holland says. "And if the decision is to charge, Crown
Counsel reviews the recommendation to ensure the investigation and
seizure were lawful and that the recommended charges are merited and
have been lawfully brought to court."

Philip McMillan of the Nelson Cannabis Compassion Club, which helps
members access medicinal marijuana, said he couldn't read too much
into the statistics, but the recent jump could be the result of new
police officers in the community - or just a statistical blip.

"Or it could be a prevailing misconception that cannabis is legal," he
said. "Twin that with Nelson's reputation and I can see a few [people]
thinking they can just spark up on Baker Street."

Rural Nelson, policed by the RCMP, saw a similar increase in charges
in 2009 and 2010 - 20 and 25 respectively - but the figure fell to 16
in 2011, closer to the norm of previous years.

SALMO SEES DRAMATIC SPIKE

An RCMP officer quoted by the Sun suggested areas with easy access to
pot and lenient policing may result in more people openly flouting the
law - and therefore more charges - but that may not explain one local
anomaly.

Salmo saw five or fewer possession charges each year between 2002 and
2008, but has had 24 or 25 annually since 2009 - a per capita rate of
869 per 100,000, third highest in BC.

RCMP Staff Sgt. Dan Seibel attributed this in part to the creation in
the spring of 2009 of the Kootenay Boundary regional detachment, which
includes nine West Kootenay detachments and a plainclothes
investigation section.

Seibel said when he and Insp. Nick Romanchuk arrived, they established
annual performance plans with priorities including tackling organized
crime, cross border smuggling and illegal drugs. Some projects also
targeted outdoor grow-ops.

Seibel further noted a new corporal in Salmo worked closely with
Shambhala organizers and security staff to reduce drugs at the music
festival.

The Kaslo detachment saw a modest increase in possession charges:
where zero to two were laid annually 2002-08, six or seven were laid
2009-11.

Not all West Kootenay communities saw increases, though: Trail has
never hit double digits in a single year and had no charges last year.

The statistics don't tell us how many charges resulted in convictions
or what sorts of punishments were handed out. Under the Controlled
Drugs and Substances Act, simple possession of marijuana is illegal,
although the amount involved determines the seriousness of the offence.

Having less than a gram of cannabis resin or 30 grams of cannabis is
punishable on summary conviction by a fine of not more than $1,000 or
six months in jail.

Larger amounts, however, can result in summary conviction fines of
$2,000 and a year in jail for second offences, and up to five years in
jail on indictment, even for a first offence.
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