Sault-based police group calls for continued pot seizures

The Sault Ste. Marie-based Ontario Association of Chiefs of Police (OACP) is advising its members to continue seizing and documenting small quantities of marijuana, with an eye to future charges once the law is clarified.

Commenting on last month's Ontario Superior Court ruling that simple possession of marijuana is no longer an offence, OACP said today that it's advising police leaders to use discretion in situations involving simple possession of marijuana under 30 grams.

"These occurrences will continue to be investigated with a recommendation that officers seize and process the marijuana according to established policies and procedures," the group said in a news release.

"The OACP further recommends that police officers not effect process, but instead, document the incident with a view to possibly instituting a charge following the clarification of the law."

Meanwhile, the police chiefs are asking federal justice officials to clarify whether simply possession is still an offence.

The following is the full text of the OACP release:

**************************************************************** To charge or not to charge

Ontario's police leaders seek clarification on "pot" law

TORONTO, June 5 - Police have been unable to secure clear direction from the Federal Justice Ministry with regard to whether simple possession of marihuana is an offence or not.

Clarification on this issue is crucial for the preservation of safety and abatement of risk to the citizens of Ontario according to the Ontario Association of Chiefs of Police (OACP).

In his May 16th, 2003 judgement, Ontario Superior Court Justice Rogin held, that because of the lack of Parliamentary response to a decision of the Ontario Court of Appeal, simple possession of marihuana was no longer an offence known to law.

The Department of Justice is appealing this judgement to the Ontario Court of Appeal.

The OACP believes that it is not in the interest of public safety to provide "safe havens" from prosecution for simple possession of marihuana to exist within Canada.

As an interim measure, the OACP has advised police leaders to use discretion in situations that involve the simple possession of marihuana under 30 grams.

These occurrences will continue to be investigated with a recommendation that Officers seize and process the marihuana according to established policies and procedures.

The OACP further recommends that police officers not effect process, but instead, document the incident with a view to possibly instituting a charge following the clarification of the law.

Our officers have been advised that enforcement of all controlled substance offences other than simple possession of marihuana under 30 grams remain unaffected.

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