Pubdate: Thu, 26 Feb 2015 Source: Almaguin News (CN ON) Copyright: Almaguin News 2015 Contact: http://www.northbaynipissing.com/almaguinhighlands-on/ Details: http://www.mapinc.org/media/3732 Author: Kathryn Boyle LOCAL COPS ADDING 'STING' TO MARIJUANA POSSESSION CHARGES ALMAGUIN - Righting a possession charge in the Almaguin region takes a little more effort than the rest of the province. While sitting down with the Almaguin Highlands Ontario Provincial Police (OPP) Staff Sergeant Stacey Whaley recently, theNews asked why the names were included alongside corresponding possession charges. "It's public information," the News was told. "We want you to publish the names because we want it to sting a little more than a $500 fine." "It's public shaming used in the middle-ages," Joseph Neuberger, a defence lawyer at Neuberger and Partners LLP in Toronto and frequent cottager in Magnetawan had to say after hearing our local staff sergeant's response. "It's hardly appropriate and in fact counter-productive to people who are integrated into society and doing well." Between December 2014 and February 2015, 11 people charged solely of marijuana possession have been sent to subscribers of the local OPP detachment news releases. The News refrains from printing names tied with possession charges. The Almaguin Highlands OPP detachment appears to be the only detachment in the area to send along those names. Neuberger said possession charges vary depending on how much an individual is caught with. "There was a movement to decriminalize charges under 30 grams," Neuberger said. "But it did not come to fruition." "If caught with under 30 grams, most of the time it is diverted," he said. If that's the case, the person charged may be asked to make a charitable donation or spend some time with a counselor. These options are mainly available in the GTA. When it comes to federal prosecutors, they have their own policies, Neuberger said. "If the person charged has no criminal record and a minimal amount, the charge could be withdrawn," Neuberger said. "When it's over 30 grams, you can see the prosecution becomes more serious. They might get conditional discharge and probation." Jail-time might only be seen when charged with larger amounts for the purpose of trafficking. Medicinal marijuana is a different story, Neuberger said. "Some people are caught using cannabis that do not have authorization," he said. People using marijuana for medicinal purposes have to establish legitimate reasons for its use, which can feel like jumping through a set of hoops. "We should try and have a more holistic view of this," Neuberger said. "If someone is caught with minimal use with no pre-existing criminal record, I do not see why we need to stigmatize anybody. I really think we need to stop and see where we're going with marijuana charges." Neuberger said marijuana is rarely, if not ever, a reason behind any violent acts, including murder. "Alcohol is sometimes a factor," he said. "And alcohol is legal." Those charged are entered into the Canadian Police Information Centre (CPIC), which is a database logging all criminal charges. In these files, criminal and permanent records display what a person has been charged with in their lifetime. When charged, people will have "disposition over pending" during court proceedings. If found guilty, it will then read guilty on their permanent record. CPIC keeps those records indefinitely. If the case is withdrawn, deferred or the defendant has been found not guilty, those notes will remain on CPIC. A call to the local police or the RCMP can have those notes removed. In 2012, marijuana became legalized in Colorado under the following conditions: adults aged 21 or older can grow up to six cannabis plants with no more than half being mature flowering plants and must be grown in a locked space. As long as the marijuana stays where it's grown, the grower can legally possess the drug. While traveling a person can carry up to an ounce at a time. Marijuana legalization has been on the Canadian political radar for some time now. The idea first reached the mainstream when Paul Martin was Prime Minister, but swept under the rug while he was in office. Now, the matter is being brought up again by the Liberals and Justin Trudeau, who has recently admitted to smoking the drug as a Member of Parliament. Candidates for the Parry-Sound Muskoka Liberal nomination had a couple things to say about their stance on marijuana legalization. Phyllis Winnington-Ingram of Bracebridge said education is an important factor when discussing this particular issue. "It's important to have the educational component there and the support of addiction," she said. "We have to do it in prudence. As we move forward, we have to be thoughtful and respectful. "We should be supporting that development in a way that makes sense." Eric Gonneau of Port Carling said the drug should not be illegal because it is known for its pain-relieving properties. "Marijuana should not be an illegal drug," he said. "Marijuana was used to treat many diseases. I believe that our increasing budgets [to prohibit the drug] could be far better spent elsewhere." Trisha Cowie of Muskoka Lakes said government should be looking into legalizing the drug simply because Canadian's are asking for it. "It's certainly one reason why the government should support it is because Canadians are saying yes to it," she said. "We also have to protect our kids. Organized crime is the main benefactor of [marijuana] being criminalized. If we legalize it, we can take some control and ownership on where it's going. We need to protect our kids and this is the best way to do that." - --- MAP posted-by: Jay Bergstrom