Pubdate: Wed, 28 May 2003 Source: Calgary Herald (CN AB) Copyright: 2003 Calgary Herald Contact: http://www.canada.com/calgary/calgaryherald/ Details: http://www.mapinc.org/media/66 Fax: (403) 235-7379 Author: Don Martin LIBERALS GONE WACKY WITH DOPEY RULES FOR T'BACCY Cancel those freedom-to-toke parties, potheads. The days of dopey Canadian marijuana laws have only just begun. Consider a hardened criminal scenario under the proposed "cannabis reform" legislation unveiled Tuesday by a trio of tightly scripted ("we are not legalizing marijuana") cabinet ministers. The pot smoker harvests some leaves from one of four wacky t'baccy plants being cultivated in a nearby farmer's cornfield, grinds it into 35 joints of homegrown high, adjourns to the patio of a private residence which overlooks the local high school for a happy sampling. Enter the law. Down come multiple charges. Add up the damage. - - The guilty could get 18 months in the slammer or a $25,000 fine for having more than three plants. - - Those 35 grams of grass, or roughly 30 "make those super-size" joints, exceed the law's mere possession provisions and attract a trafficking charge. - - Smoking up near a school and growing marijuana on someone else's weed-free property are considered aggravating circumstances, which would force the trial judge to declare reasons for NOT bundling the guilty toker off to jail. Gosh. Decriminalization never sounded so deadly. After a royal commission, a Senate committee, a Commons committee and endless studies, all urging government to stop creating petty criminals out of pot possession, the government finally had the right idea. This was the government's brain: reduce possession to a ticketed fine as a way to unclog the courts, free up police resources for more serious drug pursuits and prevent a criminal record from haunting drug-dabbling kids for life. This was their brain on drugs: Try to please everyone by creating a nightmarish patchwork of legislated circumstances and variable fines. Substance won't matter, be it potent B.C. bud or a pale imitation. Size and location will be everything, right down to where the nabbed dude was sitting (driver or passenger) in a car. As Solicitor General Wayne Easter declared: "The intent of the law is for greater enforcement and for the courts to impose greater penalties." Such is the hallucinating effect marijuana has had on federal politicians. Less law is actually more. Decriminalization is aimed at creating more crimes. Preserving taxpayers' cash is about spending more money on inefficient enforcement practices and public advertising. And saving police time comes with enhanced police responsibility. For example, officers who had the discretion to let a dope-tripper off with a verbal warning are now forced into the role of marijuana meter maid, writing tickets after carefully weighing the collected evidence to see if it's 15 grams ($150 fine) or 20 grams ($400), with added responsibility to decide if the nabbed gets the $50 youth discount or pays the full adult fine. Weed cultivation provisions are equally wacky. Get caught growing five plants and you could rate five years in jail. If the helicopters find your stash of 500 plants, the guilty grower could get 14 years, a sentence no sane judge would pass in any event. So the more you grow, the less you serve proportionately. And pity those poor cannabis cops on another front. There's a commendable push to clamp down on drivers flying high behind the wheel. While my memory is fuzzy now, the only driving consequence I can recall was when a buzzing friend got a ticket for driving too slowly on a major highway. But aside from suspecting a driver doing 40 km/h in a 110-km/h speed zone of being stoned, police will only have the powers of observation to back up their conviction with a charge. Glassy eyes and a giddy attitude -- the sort of symptoms you might display driving home after a gruelling week on a Friday evening -- will be the only signs of impairment they can introduce in court. Granted, there's a budget boost to help them acquire enhanced detection techniques. But neither Ontario nor Quebec, which have provincial police forces, will qualify for a penny of the RCMP's $11-million-per-year increase. And, finally, on the dope delusion front, Justice Minister Martin Cauchon insists his legislation will pass Parliament by year end. But with the Canadian Alliance vowing obstruction and a couple dozen Liberal MPs opposed to the amendment, there's reason to believe the bill will die with the Jean Chretien era. Add it all up and you've got a government showing signs of diminished will power, delusions, memory loss and paranoia. Those symptoms suggest a clear-as-grass answer to the nagging question about the influences behind this strange legislation: What where those guys smoking? Marijuana and the Law - - Marijuana offences account for three in four of the nearly 92,000 drug offences in Canada in 2001. - - More than two-thirds (70%) of cannabis offences were for possession. - - Over the past decade, marijuana offence rates have nearly doubled (91%), but the rates for cocaine (-32%) and heroin (-36%) are down by about one-third. - - As of December 2002, Health Canada had issued 477 authorizations to possess cannabis for medical purposes. - - Marijuana possession is legal in the Netherlands, Spain and Italy. It is decriminalized in Australia and non-prosecuted in Germany and Switzerland. Source: Statistics Canada; Health Canada, Herald Archives - --- MAP posted-by: Josh