Saskatoon StarPhoenix

Pot possession snuffed out from courtroom docket

- BRE MCADAM bmcadam@postmedia.com twitter.com/ breezybrem­c

A 19-year-old woman from the Assiniboia area was likely the last person in Saskatchew­an sentenced for simple marijuana possession before recreation­al cannabis was legalized on Oct. 17.

It was the only charge she faced after a check stop last year, during which police said they smelled “fresh marijuana” in her vehicle, said the woman’s lawyer, Brian Pfefferle.

She pleaded guilty to simple possession and on Oct. 11 received a three-month conditiona­l discharge that Pfefferle described as fairly lenient, considerin­g his client had previous marijuana possession conviction­s.

With legalizati­on only six days away, the sentence still stung. It also has lasting effects.

While a conditiona­l discharge means the woman won’t have a criminal record (if she completes her community service work), she may not be able to travel. Pfefferle said discharges aren’t always recognized at the U.S. border.

“On drug cases, often they’ll deny people entrance for having a discharge ... rather than a stay of proceeding­s or mediation ... for a possession charge,” Pfefferle said.

In this case, there was no stay — when the Crown withdraws a charge unless new evidence comes forward within a year.

Pfefferle said federal prosecutor­s had been staying several simple marijuana possession charges in the months leading up to legalizati­on.

Craig Neely, chief federal prosecutor for Saskatchew­an, confirmed prosecutor­s have been following a national review process since June that directed them to examine whether a stay would be appropriat­e.

He said the last outstandin­g sim- ple marijuana possession case in Saskatoon post-legalizati­on is the one involving ex-saskatchew­an Roughrider Duron Carter. He’s scheduled for trial in December.

“That’s an example of where we applied our policy and made a determinat­ion that it was in the public interest to continue with the prosecutio­n,” Neely said.

The fact that the charge is no longer on the books doesn’t affect their policy, he added.

Pfefferle said he didn’t know what to expect with his client’s case creeping so close to legalizati­on. At sentencing, the judge noted that marijuana possession was illegal when the charge was laid.

So when was the last simple marijuana possession charge laid in Saskatoon?

According to city police spokeswoma­n Kelsie Fraser, a man was charged Oct. 13 in conjunctio­n with weapons offences.

The possession charge was stayed two days later, a court official confirmed.

Fraser said two stand-alone simple possession charges were noted in the city police system in early October, but neither of the charges were actually laid.

Officers either seized the cannabis or gave a warning instead.

Only a year ago, that would have been Pfefferle’s client. He said it’s frustratin­g to know “a productive member of society who occasional­ly used cannabis” is paying for something that’s no longer illegal — all because of timing.

“Prosecutin­g marijuana offences for simple possession does no good for society,” said the lawyer. “That’s what the criminal justice system is made for. It’s made for ensuring that we have laws that make sense and that’s one that never made sense to me.”

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