Pot possession sparks mild sentences

by Tecumseh MacGuigan

The Ontario Court of Justice has decided against convicting two local marijuana users.

Richard Hodare and Denny Cranston appeared in the Ontario Court of Justice Feb. 13. Hodare was represented by Frank Miller, while Cranston represented herself. In both cases Justice Micheline Rawlins presided and Zuzana Szasz represented the Crown.

The court heard Hodare was allegedly sleeping in his car on King Charles Street in Lakeshore when a police officer investigated. According to the Crown the officer noticed a strong odour of marijuana coming from the car with residue on the vehicle’s console.

A police report stated four grams of marijuana was found in Hodare’s vehicle, which legally designates it for personal recreational use and not distribution. Hodare pleaded guilty to possession of marijuana.

“My client formally worked as a pipe worker before he started experiencing debilitating tremors throughout his body,” said Miller. “He began self medicating with marijuana to combat with this and is currently trying to receive medical marijuana. My client had no intentions to drive his vehicle while under the influence of marijuana.

With all evidence presented the crown asked that Hodare be given an absolute discharge.

“I don’t think you will see Mr. Hodare after this experience,” said Miller. “He wants more than anything to get his life back on track.”

Justice Rawlins agreed with the defence and Crown and granted Hodare an absolute discharge.

Cranston was similarly found allegedly smoking marijuana in her car when a police officer investigated. When questioned by the officer, Cranston fully identified herself at which time the officer spotted a sandwich bag with marijuana in it, the court heard.

“Miss Cranston is currently unemployed and has two children,” said Szasz. “She collects employment insurance at the time being as does not have a partner living with her.”

The Crown highlighted Cranston’s circumstances to justify its satisfaction with a conditional discharge.

Cranston pleaded guilty to possession of four grams of marijuana and said she was expecting to get a conditional discharge with a one year probationary period. Justice Rawlins agreed with those conditions but warned Cranston that her priorities should be set in order.

“If money is tight and you have children why are you spending money on drugs?” questioned Rawlins. “Focus on your children at home, get a job and help them make the right decisions.”

The Canadian BAR Association warns that possession of under 30 grams of marijuana could lead to six months in prison or $1,000 in fines. They note, however, the penalty for most first time marijuana offences are much less.