Pubdate: Wed, 17 Jul 2002
Source: Kitchener-Waterloo Record (CN ON)
Copyright: 2002 Kitchener-Waterloo Record
Contact:  http://www.therecord.com/
Details: http://www.mapinc.org/media/225

MARIJUANA LAW IS OUT OF DATE

Justice Minister Martin Cauchon has started what should become a major 
debate about the best way for Canadians to handle the marijuana question.

To his credit, Cauchon has avoided jumping to conclusions about exactly 
what new federal legislation should do with marijuana, but he has clearly 
indicated that he finds the current law unacceptable. As it now stands, 
simple possession of marijuana is a criminal offence, punishable by 
imprisonment.

Believing this to be too harsh, the government is considering some form of 
decriminalization, though possession would still be illegal. Presumably, 
growing marijuana for commercial purposes in homes would remain illegal, as 
it should be because it poses safety problems through the excessive use of 
electricity and residues left in the homes. Trafficking would also be illegal.

The minister's interest in this subject comes -- perhaps not surprisingly 
- -- one week after the British government said it would make possession of 
marijuana a non-arrestable offence. There, police would arrest marijuana 
users only if they caused public problems or threatened to harm children. 
Other countries, such as Netherlands, have gone even further in 
liberalizing marijuana laws.

The case against Canada's current law is strong. In terms of the physical 
impact it has upon people as a drug, marijuana is not so different from 
alcohol and tobacco. An article in the Canadian Medical Association Journal 
in May 2001 called marijuana an innocuous drug, with the exception of 
ingredients such as tars that make it similar to tobacco from a health 
perspective.

Indeed, the government is not thinking of going as far as to make 
possession of marijuana legal. Cauchon wants to leave it as an illegal 
drug, but not one with heavy, criminal penalties attached to it. Such an 
approach makes sense. There is no good reason to make people who use 
marijuana recreationally as criminals. And by shifting the focus of police 
away from such users, the state could put more of its resources into its 
battle against trafficking and, indeed, more dangerous drugs.

In the short term, Cauchon said the government will wait for the reports of 
two parliamentary committees that have been studying marijuana. He has also 
said the government will consult Canadians. On so controversial an issue, 
this is a fair strategy.

Support for decriminalizing marijuana has come from Conservative Leader Joe 
Clark and Keith Martin, the Alliance member of Parliament who introduced a 
private member's bill on this subject. Perhaps the most interesting support 
comes from the Canadian Association of Chiefs of Police. The chiefs are 
more concerned about police officers focusing their time on serious criminals.

The real debate in the months ahead should be about the details of the 
forthcoming marijuana legislation, not on the principle of decriminalization.
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MAP posted-by: Jay Bergstrom