Ontario "Erases" Marijuana Laws

CanWest News Service - Ellen van Wageningen -- Possessing less than 30 grams of marijuana is no longer against the law in Ontario, a Windsor judge says in a ruling released yesterday that compounds the chaos over Canada's pot laws.

Superior Court Justice Steven Rogin's decision has "effectively erased the criminal prohibition on marijuana possession from the law books in Ontario," said Brian McAllister, the Windsor lawyer who challenged the law on behalf of a 17-year-old client.

Mr. McAllister said police in Ontario should note Judge Rogin's judgment and stop laying charges for marijuana possession.

"Otherwise, the police will be arresting people for an activity which is no longer outlawed," he said.

Judge Rogin upheld Ontario Court Justice Douglas Phillip's decision to quash a charge against a Kingsville youth for possessing less than 30 grams of marijuana because the law is no longer valid.

The government needed to pass a new law prohibiting marijuana possession after the current one was struck down by the Ontario Court of Appeal two years ago, Judge Rogin agreed.

Meanwhile, the federal government is attempting to get new legislation dealing with marijuana before Parliament by the end of the month.

It is proposing to make possessing 15 grams or less of marijuana a non-criminal offence for which people could be fined as little as $100. The relaxing of the pot possession laws would be accompanied by stiffer penalties for drug traffickers and marijuana growers, as well as drug use prevention, education and treatment strategies.