Pubdate: Tue, 06 Feb 2018
Source: Regina Leader-Post (CN SN)
Copyright: 2018 The Leader-Post Ltd.
Contact:  http://www.leaderpost.com/
Details: http://www.mapinc.org/media/361
Author: Murray McCormick
Page: B1

IMPACT OF CARTER'S POT CHARGES TO BE DETERMINED

It remains to be seen how deep of a predicament Duron Carter may be in
after twice being charged with marijuana possession.

On Thursday, the Saskatchewan Roughriders receiver was arrested at
Saskatoon International Airport and charged with possession of marijuana.

The incident followed Carter being charged with possession of a
controlled substance Nov. 25 after being caught with more 30 grams
(one ounce) of marijuana at Winnipeg International Airport.

The amount of marijuana Carter, 26, had in his possession in Saskatoon
isn't known. He was released on his own recognizance in Saskatoon and
Winnipeg.

Barry Nychuk, a Regina defence lawyer, isn't Carter's representative
and thus isn't familiar with the specifics of the case.

However, Nychuk did talk generally about what has transpired and what
might be ahead for Carter, especially with marijuana soon to be
decriminalized.

"Depending on the quantity of drugs that was found, we don't treat
possession as that serious right now," Nychuk said Monday.

"That substance is going to be legal ... well, they used to say July 1
. but the Liberal government has made a commitment to have it
legalized this summer. We're still dealing with a substance that is
currently illegal, but it soon will be legal."

Nychuk said many people charged with marijuana possession in Regina or
Saskatoon are often sent to alternative measures programs, which
diverts the cases out of the criminal justice system.

"You don't even get a slap on the wrist if it's diverted," Nychuk
said. "Some people who do plead guilty to it and, for whatever reason
it's not sent to the (Regina Alternative Measures Program), they will
often receive absolute or conditional discharges."

There might be mitigating circumstances in that Carter was attempting
to clear airport security with pot in his carry-on luggage.

"In an airport, you have a lower expectation of privacy because you
will be subject to searches and searches that wouldn't be lawful in
other contexts," Nychuk said.

"If you're walking down the street, you aren't going to be asked a
bunch of questions.… You're in an airport and you can be searched
randomly. I travel a lot and on a couple of occasions I have been
searched. Transporting drugs in an airport doesn't make sense.

"Is it going to be considered an aggravating circumstance with respect
to sentencing? If the purpose of the possession is personal use, then
the answer is no. If the purpose for transporting it was for selling
it, then it's more serious. In this situation, it's simply marijuana
possession."

Under the Criminal Code, possession of 30 grams of marijuana for a
first offence could lead to a $1,000 fine and a year in jail. The
second offence could be a $2,000 fine and two years in jail. Even when
marijuana is legalized, possession of more than 30 grams would be illegal.

Carter is heading into his second season with the Riders after signing
a contract extension in January. In 2017, when Carter was named the
Riders' most outstanding player, he led them in receiving yards
(1,043) and was tied with Naaman Roosevelt for the team's lead in
touchdown catches (eight).

The CFL declined to comment on Carter because the matter is before the
courts. The league's drug policy addresses performance-enhancing
drugs, but not recreational substances such as marijuana.

The Riders said Friday they are monitoring the situation. The wording
in the team's code of conduct does not refer to specific legal
situations or possible ramifications.

Carter is to appear in court in Winnipeg on Feb. 15. His Saskatoon
court appearance is March 27.
- ---
MAP posted-by: Matt