cannabisnews.com: Pot Smokers Get Reprieve





Pot Smokers Get Reprieve
Posted by CN Staff on June 09, 2003 at 09:09:00 PT
By Jennifer Kennedy
Source: St. Catharines Standard
For the time being, Niagara Regional Police won’t be charging people with simple possession of marijuana. Following a call from the Ontario Association of Chiefs of Police in the wake of a recent court ruling, Niagara officers have been told to merely treat small amounts of marijuana as contraband to be seized. “We will take possession of it,” said Chief Gary Nicholls in an interview Friday.
Nicholls said officers have been instructed to take information and fill out the appropriate documents in the hopes that possession charges can be laid “once this matter is resolved.” But that depends on the outcome of a Department of Justice appeal of a Superior Court ruling last month that found the existing possession law is no longer valid. “We are certainly not being supported by the justice system in processing the charges,” said Nicholls. “Given that reality, I think we are taking what we believe to be a responsible course of action while this interim situation exists. “We could not simply leave our officers out there without clear direction on what our expectations were given the confused state around the law.” On May 16, a Windsor judge ruled that possessing less than 30 grams of marijuana is no longer against the law in Ontario. In that decision, the judge noted the lack of parliamentary response to an earlier court decision. As a result of the Windsor decision, many Ontario courts are either dismissing charges of simple possession or staying proceedings until this area of the law is clarified. A motion by the federal government to stay that decision is expected to be made in the Ontario Court of Appeal next week. If the motion is passed, the existing pot laws would be enforceable pending the appeal. “Unfortunately, the federal government’s obvious inaction in this situation has only served to further exacerbate the inappropriate message sent to the community regarding the risks associated with the use of this harmful substance,” Nicholls said in a statement. Hamilton police, however, continue to lay charges for simple possession. But local justices of the peace are refusing to process the charges in court. Even older charges that appeared on the drug-court docket Friday were being tossed out. Justice of the peace Wendy Casey quashed any charge under the Controlled Drugs and Substances Act for possession of less than 30 grams of marijuana. She declared them legally invalid, effectively halting half a dozen federal drug cases. — with files from The Canadian PressNote: NRP won’t lay charges for simple possession. Source: Standard, The (St. Catharines, CN ON)Author: Jennifer KennedyPublished: Saturday, June 7, 2003Copyright: 2003 Osprey Media Group Inc.Contact: pbailey scs.southam.caWebsite: http://www.stcatharinesstandard.ca/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmOntario Backs Off Pot Arrests http://cannabisnews.com/news/thread16570.shtmlPolice Backing Off on Pot http://cannabisnews.com/news/thread16556.shtmlArresting Pot Smokers Not Worth The Effort http://cannabisnews.com/news/thread16555.shtml
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