Pot: Is It Legal Or Not Now?

The federal justice ministry is also considering legislation to decriminalize small amounts of marijuana.

Is it legal or isn't it?

A provincial court ruling that laws prohibiting possession of marijuana don't exist has prompted discussion over whether possession of pot is now legal.

"It's certainly caused a lot of confusion-what we really need is a higher court decision," said Abbotsford lawyer John Conroy, who specializes in marijuana law.

Two weeks ago, Judge P. Chen said "There is no offence known to law at this time for simple possession of marijuana" when ruling on a New Westminster possession of pot case.

However, Abbotsford Police chief Ian Mackenzie said "It's still illegal, despite Judge Chen's decision."

Mackenzie notes the decision has no binding effect. However, chasing down possession offences doesn't rank as one of the department's top priorities, and police typically only recommend possession charges if a suspect, when arrested for other criminal offences, is found in possession of cannabis.

In Judge Chen's decision, he cited an Ontario Court of Appeal case, Regina vs. Parker, which ruled in 2000 that marijuana possession prohibitions were invalid.

The court suspended the declaration of invalidity for one year to "provide parliament with the opportunity to fill the void." Parliament did not take the opportunity.

"While I agree that I am not bound by Parker, in my view it should be followed unless there is a good reason not to do so," said Judge Chen in a written decision. "It is, after all, a decision of the Ontario Court of Appeal and no decision of this province's court of Appeal has addressed the issue of the constitutionality of section 4's prohibition against marijuana on the basis of medical use."

Mr. Conroy noted the Ontario and recent B.C. cases are not binding, but are "highly persuasive."

The discussion about legal possession of pot is one that is also happening at the federal government level and in various courts, and a decision in either arena could settle the debate over the legality of possessing pot or "muddy the waters."

Mr. Conroy is currently awaiting a Supreme Court of Canada decision after a constitutional challenge of pot laws. The federal justice ministry is also considering legislation to decriminalize small amounts of marijuana.


Pubdate: Sun, 28 Sep 2003
Source: Chilliwack Progress (CN BC)
Copyright: 2003 The Chilliwack Progress
Contact: editor@theprogress.com
Website: http://www.theprogress.com/