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Marijuana laws confusing, dangerous, police chiefs say

By: Valerie MacDonald, Cobourg Daily Star, 06/23/03

Local News - Local police forces have not yet contacted Northumberland MP Paul Macklin since the Ontario Association of Chiefs of Police (OACP) called on people in this province to "demand action" of their elected representatives to resolve the pot problem.

There have been no calls from the local police, Mr. Macklin said in an interview Friday, although he has received the usual amount of input in person and by letter from individuals coming down on both sides of the controversial issue.

During its recent convention, which Cobourg Police Chief Garry Clement attended, the Association decided to issue an open letter to the public about the events which have led to the courts throwing out marijuana possession charges under 30 grams.

"At a time when the combined effort of all levels of government seem to be focused on creating healthier lifestyles, preventing smoking, getting people off drugs and prolonging life, we are shocked that law enforcement and the citizens of Ontario have been left in a state of confusion, uncertainty and danger over the laws relating the possession of marijuana," OACP president Tom Kaye said.

Police can stop a beer-drinking driver but not a pot-smoking one, states the release. And while 12-year-olds can't legally get a cigarette, they can obtain and smoke marijuana, states the release.

"We really have to put this issue to bed," Chief Clement says the confusion.

"What do we say to the kids in our high schools today?"

The courts and federal politicians are at a stalemate over the status of the possession law (for 30 grams or less of marijuana) due to the process involving the legalization of pot for medical purposes.

Because of that the courts have been throwing out charges and the local police officers are now instructed to seize the evidence with the view to possibly laying a charge in the future once the law has been clarified.

Chief Clement says he is totally opposed to legalizing possession of marijuana, arguing that the pot of today has a much higher concentration of tetrahydrocannabinol (THC) than the pot of the 1970s.

The OPP have been given direction, updated as recently as June 9, to use discretion, confiscate and document details "with the view of possibly instituting charges pending clarification of the law by the Court of Appeal," says Northumberland OPP Sergeant Steven Grosjean.

Port Hope Chief Ron Hoath has stated that his officers are following the same instruction.

The 30-gram threshold for simple possession is higher than what Chief Hoath considers reasonable and he thinks half that amount is more valid.

The Government of Canada agrees with that assessment, MP Macklin said. In pending legislation - part of Canada's Drug Strategy - the amount has been reduced to 15 grams. It won't be voted on until the fall because the House of Commons is in summer recess.

Unlike the police view, however, possession of marijuana under 15 grams still carries a sanction.

While it won't create a criminal record, the new legislation will still involve a fine, he said.

Changes were needed because the penalties were being applied inconsistently in urban and rural area courts, Mr. Macklin said.

"It's taken much more seriously in rural Canada," he added.

When the laws aren't applied evenly that can bring them "into disrepute." The Senate report last year advised legalization but the government didn't adopt this position - and this is Mr. Macklin's personal view as well.

"I don't believe it should be legalized," said Mr. Macklin, who says he has neither smoked nor inhaled.

What he does believe in, he said, is educating young people so they have the facts to make the right choices.

In California, he says, there has been a reduction in youth smoking cigarettes during the past 15 years (26 per cent to 7 per cent) because the government undertook an extensive education campaign.

While it was effective it was costly, he said.