Yukon man gets criminal record for 16 grams of pot
Twenty-eight-year-old tells court he smokes to deal with anxiety, depression and insomnia
A Yukon judge has given a man a criminal record for possessing 16 grams of marijuana, despite the fact that such possession will be legal in little more than a year.
Levi Graham, 28, was originally charged with trafficking and appeared before court in Haines Junction.
Court documents say he was pulled over and an RCMP officer smelled marijuana. The officer found 16.4 grams of marijuana, as well as $350 and a cellphone in the car.
"The cellphone was searched and there was information on it consistent with perhaps more than simply possession," reads a transcript of the decision from Judge Michael Cozens.
Nevertheless, the Crown accepted a guilty plea to the charge of simple possession.
In his decision, the judge anguished over the value of giving someone a criminal record over a pot charge when marijuana will soon be legalized.
Despite much hesitation, the judge ruled a criminal charge is warranted.
"In order to use illegal drugs, one has to buy these drugs from somewhere," reads the transcript. "The bottom line is that the public interest remains clear, that the trafficking of illegal drugs in the Yukon can have a very negative impact on the larger community."
Judge 'not taking any issue' with actual use of marijuana
During the proceedings, Graham told the judge he smokes marijuana daily to deal with "anxiety, depression, and insomnia."
In his decision the judge did not criticize this use.
"I am not taking any issue with the fact that he is using it. [It] may provide help in the areas in which he has concern," Cozens stated.
However, Graham does not have a prescription for legal medical marijuana. The judge said his continued use was therefore supportive of crime.
"I was confronted with the difficulty of imposing a conditional discharge with a probation order on someone who has
candidly admitted that he is going to be using illegal drugs every day," he said.
The defence said Graham would seek a medical marijuana prescription. However this "last-minute" submission did not affect the decision stated the judge.
Graham will receive a criminal record.
The John Howard Society has said criminal records like this unfairly stigmatize non-violent offenders and are linked to restrictions on employment, education, housing and travel.
The judge downplayed the significance of the issue in this case.
"Frankly, these days, I would be surprised if employment within Canada was significantly impacted by a simple marijuana possession charge, but there may be jobs in which that is the case. However, I do not know that any of those jobs affect Mr. Graham," Cozens stated.
Graham is a member of the Champagne-Aishihik First Nation whose traditional territory extends beyond the Canadian border into Alaska. Under current law U.S. officials have discretion to refuse admittance to individuals with a criminal record.