“But in the interim, since it is clear what Government’s position is on this matter, I believe that there is some High Court ruling which says that Magistrates can take notice of situations like this and to exercise that discretion even now before the law becomes put into place so that it affects everybody. So I believe that it is something which our judiciary can take notice of, we are not saying that they have to do it but they can take notice of it and so the guidelines which they used for sentencing that this can be taken into consideration and the fact that the law is moving” Harmon said.
The existing Narcotic Drugs Act of 1988, which criminalizes marijuana use, does not have discretion when dealing with matters above a certain level. It mandates a three-year jail sentence for persons caught with the substance.