Pubdate: Thu, 11 Feb 2016
Source: Intelligencer, The (CN ON)
Copyright: 2016, The Belleville Intelligencer
Contact: http://www.intelligencer.ca/letters
Website: http://www.intelligencer.ca/
Details: http://www.mapinc.org/media/2332
Author: Jason Miller
Page: A2

THORNY ISSUE FOR CITY

Transit advisory group faces dilemma after Dec. 23 decision to kick
man off bus

One man's medical marijuana usage on a city bus could now spark a
legal debate.

The transit advisory committee is asking council to seek legal advice
on the nuances and room for challenging provincial legislation
permitting the use of medical marijuana in public places.

Ongoing discussions around whether or not medical vaporizer usage
should be allowed aboard transit was ignited by a Christopher Hobin,
who was kicked off a city bus on Dec. 23, when he used the electronic
device stacked with pot prescribed for his varied chronic pain and
stomach ailments.

During Wednesday's committee meeting, transit manager Matt Coffey
highlighted areas of concern in Bill-45, when it relates to exemption
for people using marijuana for medical purposes.

"I think we need some legal advice on it," said Coffey. "They've
(province) taken the position that it's medication."

"We have one gentleman who have taken us to task on this," Coffey
said, of Hobin's insistence that the city abide by superseding
provincial law, which transit chair Coun. Jack Miller made clear
"trumps what we do."

"If we're going to put the municipality in a position where it could
face a legal challenge, that has to be decision of council to be
prepared to take up that challenge," Miller said. "We've been hearing
that the province may be pulling back on that."

As far as the medical needs of individuals, Miller said "I don't
pretend to know how acute these issues are for the people who need it.
Sometimes you hope people will take it into consideration.

The well-being of transit users who don't smoke was on the list of
concerns for Coun. Jackie Denyes.

"How does that protect the citizens riding the bus, when a baby could
be sitting in front or behind," she said. "As stewards of this service
we have to enforce the position we've taken already."

Coun. Mike Graham backed transit officials removing Hobin from the bus
and raised the motion for council to seek legal advice.

"Good decision the other day," he said, of the Dec. 23 incident. "I
would like to give direction to transit staff to stay status quo until
we have further advice from legal. We need more clarification."
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MAP posted-by: Matt