Pot possession suspects face uncertain future

With the tabling of legislation that would make it legal in 2018 for Canadians to possess a certain amount of marijuana, those currently charged for actions that may no longer be deemed criminal in the near future face an unclear fate.

Despite the government's intention to legalize possession of up to 30 grams of dried or fresh cannabis, there has been no indication from the government that those facing charges — or those convicted in the past — will receive any kind of pardon.

Following the introduction of the bills, NDP MPs criticized the government for not addressing those individuals who could still be charged and convicted before the proposed legislation becomes law. 

"If you're facing a charge now, you haven't been tried and then the law changes, how is this going to affect you? It's hard to say," said Lenny Hochberg, a Toronto-based lawyer who has represented many clients in drug cases. "I think it depends on how the public prosecution service deems it appropriate to deal with those matters.

"So whether or not they would still proceed with going through the process of a trial — maybe they would want to deal with it in another way."

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The issue of marijuana possession conviction becomes particularly troublesome for those trying to cross the border into the U.S., where customs officials routinely bar Canadians who have such convictions from entering the country. 

'Almost paralysis in the system'