cannabisnews.com: Loosening Up on Pot Charges? 





Loosening Up on Pot Charges? 
Posted by CN Staff on November 05, 2003 at 14:23:44 PT
By Doug Brown, Herald-Tribune Staff
Source: Daily Herald-Tribune
Federal Crown attorneys in Alberta and throughout Canada are taking a relaxed approach to prosecuting cases of possession of small amounts of marijuana until uncertainty surrounding an Ontario case is settled.Justice Canada spokeswoman Pascale Boulay said prosecutors have been told to consent to adjournment requests for cases of people charged with simple possession.
An Ontario appeals court ruled that the law making possession of small amounts of weed illegal was unconstitutional because it didn't contain an exemption for valid medical use. The ruling means anyone caught with pot in Ontario between July 31, 2001 and Oct. 7, 2003, wasn't breaking the law.Although pot possession remained illegal in the rest of Canada, Boulay said the Ontario decision could be used as a defence by people charged in other provinces during that two-year window."Accused outside the province of Ontario may attempt to rely on these decisions to challenge the charge in, for instance, Alberta."Justice Canada has until Dec. 5 to decide if it will appeal the Ontario ruling. Boulay said prosecutors will continue granting the adjournments until then.However, people charged with possession can still plead guilty if they want, said Boulay, and the Crown will proceed with a case if the accused insists."If the accused wishes to proceed, then the Crown is willing to proceed," she said.Boulay refused to speculate on what it would mean for those cases if Justice Canada decides not to appeal the Ontario ruling, or appeals and loses.Simple possession involves amounts of less than 30 grams of marijuana, or up to one gram of marijuana resin.In Grande Prairie, the sentence for first-time simple possession offenders is usually a fine ranging from $100-$200, depending on the presiding judge. Some judges, however, are giving accused the option to avoid getting a criminal record for pot possession. On Friday in Grande Prairie provincial court, Judge Albert Chrumka granted a discharge to a man on the conditions that he serve four months on probation and complete 15 hours of community service.A bill that would decriminalize marijuana possession has been introduced by the federal Liberals. The legislation would make marijuana possession an offence similar to a speeding ticket, with a fine but no criminal record.Note: Chill out, lawyer dude. Landmark Ontario ruling has prosectors examining options.Source: Daily Herald-Tribune, The (CN AB)Author: Doug Brown, Herald-Tribune StaffPublished: November 05, 2003Copyright: 2003 The Daily Herald-TribuneContact: dht bowesnet.comWebsite: http://www.dailyheraldtribune.com/Related Articles & Web Site:CannabisNews Canadian Linkshttp://freedomtoexhale.com/can.htmPot Charges Adjourned in Alberta http://cannabisnews.com/news/thread17709.shtmlNo Laws Ban Possession of Marijuanahttp://cannabisnews.com/news/thread16321.shtml 
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Comment #7 posted by Arthropod on November 06, 2003 at 07:20:03 PT:
This is all a sham!
Think about it. The Crown wishes to AJOURN these cases, not dismiss them. How is an adjournment usually used? The Crown wants an opportunity to think up a better legal argument than they have right now. You know, the "well, it doesn't matter that there was no law, it was business as usual" argument. My advice to anyone with a case right now, keep taking the fight to them.
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Comment #6 posted by jose melendez on November 06, 2003 at 01:40:10 PT
Balls in OUR court!
"If the accused wishes to proceed, then the Crown is willing to proceed,"Perhaps they are acknowledging that a challenge to the law would be best done through the courts.
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Comment #5 posted by The GCW on November 05, 2003 at 18:58:55 PT
CN ON: PUB LTE: Marijuana Safety
(as for the article, ???? "a relaxed approach" to caging humans for using a plant?????)The following is a good letter, & He didn't mean it this way, but...Gregory says: "The government must equalize marijuana with tobacco." In order to do that We have to make cannabis kill over 1,000 people per day in the US, alone, and We have to make cannabis physically addictive etc.420X100000oOO0OO0ohttp://www.mapinc.org/drugnews/v03/n1720/a04.html?397MARIJUANA SAFETY Re: Marijuana tops tobacco among teens, Oct. 29. After reading that teenagers are smoking cannabis more than tobacco, I have changed my perspective on regulation. With alcohol and cigarettes, at least we know what dangerous chemicals our children might be putting in their bodies. But when marijuana is bought on the street, there is no warning on the package, no list of ingredients -- it could be laced with impurities. It is time to adjust to reality. The government must equalize marijuana with tobacco. To judge one group's unhealthy habit or form of recreation worse than another's is discrimination. We must legalize and regulate marijuana, if not for the benefits of taxation and tourism ( job creation ), then for the safety of our children. Gregory Cochrane, Orleans (Gregory Cochrane, keep up the good work.)
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Comment #4 posted by ErikGhint on November 05, 2003 at 17:48:45 PT
They can't have their cake and eat it too!
Well according to this article the October 7th decision does not apply to Alberta. I guess that means in Alberta the MMAR is still the same as it has always been, and is thus unconstitutional. I guess it must still be legal in Alberta.
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Comment #3 posted by mayan on November 05, 2003 at 16:51:03 PT
WOW!
So, Justice Canada spokeswoman Pascale Boulay says the Crown will proceed with a case if the accused insists? I thought I'd heard it all, but this takes the cake!!!HEE-HEE-HEE!!!Here's another one on our pal, Rush...God Damn the Pusher Man: 
http://www.oldamericancentury.org/beck000002.htmThe way out is the way in...White House Stonewalling 9/11 Documents:
http://www.scoop.co.nz/mason/archive/scoop/stories/3d/7b/200311031157.d714df78.htmlAN INDEPENDENT INVESTIGATION OF 9/11 AND THE WAR ON TERRORISM: 
http://www.apfn.org/apfn/WTC_STF.htmTruth, Lies, and The Legend of 9/11:
http://globalresearch.ca/articles/KUP310A.htmlExposing 9/11 Lies:
http://11september.2itb.com/9/11 Prior Knowledge/Government Involvement Archive:
http://www.propagandamatrix.com/archiveprior_knowledge9/11 CitizensWatch:
http://www.911citizenswatch.org/
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Comment #2 posted by Marc Paquette on November 05, 2003 at 15:52:31 PT:
HOW STUPID COULD THEY BE?
Hi Friends;The Crown want to invite people to plead guilty when it wasn't a crime for all that time? How stupid do they think we are? And by the way, that 30g limit was a scam and pure invention also. This was a bad government joke that was promulgated in misinformation through Canadian medias. All the sections about cannabis within the CDSA (Controlled Drug and Substances Act) does not mention any quantity. They invented the 30g (1 ounce) limit so people wouldn't go craze and grow huge quantities when it was legal. They fooled alot of people with that. The more charges that the Crown will prosecute, the more money for them. I hope no one is stupid enough to declare guilty!Peace,Marc
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Comment #1 posted by OverwhelmSam on November 05, 2003 at 15:30:06 PT:
You've Got To Be Kidding!
"However, people charged with possession can still plead guilty if they want, said Boulay, and the Crown will proceed with a case if the accused insists."If the accused wishes to proceed, then the Crown is willing to proceed," she said."Now who would insist that the Crown proceed with prosecution?
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