Possession of Cocaine

gloria:

dunno. I wouldn’t walk in the town square smoking it. but I think it is okay.

Sincere Questioner:

No. There was a Bill proposed to the Parliament before the last election to timidily decriminilise (not legalise) the possession of a minute amount of cannabis. Possession would have become a non-criminal offence which would carry a fairly stiff fine. The proposal also called for stiffer penalties (criminal) for trafficking.
The Bill died when the election was called and the minority government that is cut from the same right wing cloth as the US Republicans south of the border squeaked into office. The Bill will not be re-introduced.
As the law now stands, possessing, selling and using cannabis are criminal offences which are liable to prison sentences and a criminal record. In its application, simple possession and use of small amounts are often pursued. The law is not applied evenly in all parts of the country, so in some provinces one is more likely to be prosecuted. Trafficking or possession with the intent to do so are prosecuted and jail terms and confiscation of property (“the avails of crime”) are not uncommon.
In general, the application of the law is less draconian than seems to be the case south of the border in the US.

Mr. Mysterio:

It’s still illegal, even to possess it, let alone smoke it. There are three reasons why I think there is confusion. The previous Liberal government had a proposal to decriminalize it. However, we have a conservative government now, so that won’t happen.

Check out this link:

http://www.drugwise-droguesoisfute.hc-sc.gc.ca/law-loi/marijuana_e.asp

If you are caught in possession of marijuana or hash, police have a number of options with which to respond. How the police choose to proceed will likely depend on the circumstances. If you are caught with a small amount of marijuana or hash, police may simply choose to give you a warning, or refer you to a program that might serve to educate, or rehabilitate you. However, if you are caught in possession of a larger quantity, the police may decide that a warning or referral is not sufficient to hold you accountable, particularly if they suspect that you have been dealing, or in the case of marijuana, growing. Being in possession of drugs on school grounds, or even near schools, may also prompt a more severe response by police.

I think another reason for the confusion is that in 2001 Health Canada designed a new process people to help people with serious illnesses get marijuana for medical purposes. There is some information here:

http://www.drugwise-droguesoisfute.hc-sc.gc.ca/law-loi/medical_e.asp

According to the MMAR, people with serious illnesses can apply for an “authorization to possess marijuana.” This authorization allows them to have marijuana for personal medical use. Under the MMAR, the support of a doctor is necessary as part of the application process. The MMAR deal only with the medical use of marijuana. Without authorization under the MMAR, persons using marijuana for medical purposes in Canada are breaking the law.

According to the regulations, the different categories for an authorization consider the person’s illness and symptoms. A successful application under the MMAR also depends on whether all conventional therapies have been tried or considered, and found to be ineffective. You can see that marijuana for medical purposes is really considered a final option.

From what I have read, the penalty for possession of marijuana isn’t all that great, unlike in the US.

A third reason for the confusion is that there are courts in Canada that are striking down the possession law:

http://stopthedrugwar.org/chronicle/303/bccourt.shtml

On September 4, British Columbia became the fourth Canadian province where a court has ruled that there is no law against marijuana possession. The ruling by a BC provincial court judge is not binding, but follows in the steps of similar rulings in Ontario, Prince Edward Island and Nova Scotia. Those rulings, which are binding, were in turn based on a 2000 Ontario Court of Appeals decision invalidating the federal marijuana law because it did not provide for access to medical marijuana. The Ontario court gave parliament one year to remedy the law. Parliament has not yet done so. [In a feeble attempt to get around the ruling, Health Canada created Medical Marijuana Access Regulations one day before the one-year grace period ended, but Ontario and BC courts have held that regulatory remedies were insufficient.]

In making his ruling, Provincial Court Judge Patrick Chen declared that there is no law prohibiting marijuana possession. “Once invalid, [the law banning marijuana possession] became a nullity and could not be resuscitated, it could only be re-enacted,” Chen wrote in a 29-page opinion. “As a result, there was no longer any prohibition or penalty… for simple possession of marijuana. It follows, therefore, there is no offence known to law at this time for simple possession of marijuana.”

As for pot smokers who want to try their luck, Conroy (a criminal defence lawyer) advised caution. “This opinion won’t stop the police from charging you. You are taking a risk if the ruling is not upheld.”

Police in Vancouver, BC’s largest city are not making any changes just yet, said Constable Anne Drennan, a Vancouver Police public affairs officer. “This ruling is not binding and has no impact on police practices,” she told DRCNet. Not that it would matter much anyway, Drennan claimed. “In Vancouver, we very rarely arrest for simple possession of marijuana. There would have to be exigent circumstances.”