Pubdate: Fri, 13 Dec 2002 Source: Kitchener-Waterloo Record (CN ON) Copyright: 2002 Kitchener-Waterloo Record Contact: http://www.therecord.com/ Details: http://www.mapinc.org/media/225 Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) DECRIMINALIZE MARIJUANA NOW Despite jokes about politicians and pot heads, the parliamentary committee that recommended changes to Canada's drug laws has offered advice that has to be treated seriously. The committee, which released its report yesterday, has suggested that possession of a small amount of marijuana no longer be regarded as a criminal matter. Instead, it would be regarded as more of a regulatory offence and result in a fine that could be paid without a court appearance -- something akin to a speeding ticket. This recommendation is different from the more radical advice provided in September by a committee of the Senate -- the body of sober second thought -- that smoking marijuana should be legal. Either change, however, would be consistent with a trend in many democratic countries, including Great Britain and Holland, toward more liberal treatment of marijuana users. The idea of removing marijuana from criminal courts is hardly new. The Le Dain commission made that recommendation 30 years ago. Although the government is likely to take some time before deciding exactly how to respond to the committee's recommendation, Justice Minister Martin Cauchon's general comments indicate he is sympathetic to a more liberal approach. Speaking after the Senate released its report, he suggested the current marijuana laws are outdated. "We must be able to evolve at the pace of society," he said. Cauchon's approach is different from that taken earlier this week by several Ontario cabinet ministers. Attorney General David Young described himself as flabbergasted that Ottawa had made this matter a priority. Health Minister Tony Clement, after joking that the people on Parliament Hill behind this report might be using drugs, said, "As health minister, I'm against people polluting their bodies in whatever form that takes." That's a fair point and it has to be answered head-on. To suggest that smoking marijuana not be a criminal matter is not the same as advocating its use. There are many products that a health minister could legitimately say "pollute a body" that are not illegal to possess. Cigarettes and alcohol are but two examples. Criminal law should be reserved for major offences that harm the society generally, not for minor matters that, at most, have a negative effect upon the individuals involved. From a philosophical perspective, the debate on marijuana is likely to go on indefinitely, but from a pragmatic viewpoint, the Commons' committee's approach is more likely to be turned into law than the Senate recommendation. It is a compromise between the use of full criminal sanctions and complete decriminalization. It is, therefore, likely to be less offensive to those who support the current harsh law. In particular, it is less likely to annoy the American government, which has not shown an interest in liberal marijuana laws. The middle course seems the most reasonable. The federal government should decriminalize marijuana -- now. - --- MAP posted-by: Richard Lake