“We can all go home and feel a bit better about the state of freedom in Ontario” declared Marc Emery, leader of the B.C. Marijuana party, outside of police headquarters on Thursday afternoon. Emery was referring to the recent situation in Ontario whereby the laws prohibiting marijuana possession have been suspended pending Ottawa’s ruling on a new bill to decriminalize the possession of small amounts of marijuana for personal use.
A tireless crusader for marijuana rights, Emery spoke with great pride about Toronto, where the current de facto legalization allowed him and his supporters to smoke freely in front of police headquarters without being charged.
Articulate despite being high, Emery commented that: “When you look at the dark things that go on in the United States that our poor oppressed cousins who smoke marijuana…have to go through…This is the most beautiful place in the Earth to be, in Toronto. Don’t let anybody ever tell you different.”
In Emery’s optimistic outlook, this seems to be the “summer of freedom” in Canada. The decriminalization of pot may be hot on the heels of the legalization of gay marriage as we warm to a season of liberalization. What remains to be seen is what effect, if any, the decriminalization of marijuana will have on campus life at U of T.
Right now the situation is very uncertain. A series of court rulings have obliterated the marijuana possession laws in Ontario. Earlier this month Ontario police were told to stop charging anyone with possession of 30 grams or less. The police have been told to use their judgment, confiscate small amounts and may document offences in case it becomes illegal again. Ottawa is expected to come out with a ruling by the end of the year. The proposed Bill C38 will result in a decriminalization of small amounts of marijuana, meaning that police can hand out tickets for possession but that there will be no criminal record resulting from the incidents. Under the new law, simple possession of less than 15 grams will carry with a maximum $150 fine for adults and $100 for minors, while less than one gram of hash will carry a maximum $300 fine, $200 for minors.
According to Faran Umar-Khitab, head of Men’s College at Trinity College, the changes at U of T in September may have more to do with the high volume of minors than any change in federal law. Previously there were floors at Trinity that were designated smoking floors. Although illegal substances are not allowed in residences, “we respect that each person’s room is their private space,” said Umar-Khitab. While this privacy is still important, there will no longer be any smoking allowed in any campus residences. This may ultimately have the greatest impact, making marijuana a “moot point” according to Umar-Khitab. “With the underage kids, [smoking] is not safe anymore. We are moving into a parental mode which we had moved out of before.”
There will still be some indoor smoking common rooms and this could include marijuana unless there are complaints. Umar-Khitab suggested that, “if marijuana is decriminalized more people will use it. It will become the drug of choice because the kids are underage and they can’t get alcohol.”
Dan Hutt, manager of police services on campus, points out that decriminalization is not the same as legalization. “Marijuana will still be unlawful,” said Hutt, “I don’t expect a big difference when the law changes.” In terms of how the campus police will enforce any new laws Hutt commented that “we go in whenever there is a complaint about smoking but we don’t go uninvited into residences. If the rules of the residence are not followed then we may be called.” Campus police are practicing the same restraint as the other city police at this time, but Hutt warns that any decriminalization will still carry with it a record of those who are fined. “If you want to take your chances we don’t recommend that.” The police will be able to ticket students rather than charging them, which will make their job “a lot easier than before.” Hutt’s message to U of T students is clear: “They should obey the law whatever it is.”
