Pubdate: Fri, 30 May 2003
Source: The Week Online with DRCNet (US Web)
Contact:  http://www.drcnet.org/
Details: http://www.mapinc.org/media/2514
Author: Phillip S. Smith, Editor
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

CANADIAN GOVERNMENT INTRODUCES CANNABIS DECRIMINALIZATION BILL

Canada's Liberal government introduced its long-awaited cannabis
decriminalization bill Tuesday, paving the way for the elimination of
criminal penalties for simple marijuana possession in the United
States' northern neighbor. Under the legislation presented to
parliament by Justice Minister Martin Cauchon, possession of less than
15 grams (slightly more than a half-ounce) of marijuana would no
longer result in a criminal record and would be punishable only by a
fine. Fines would range from $65 to $160 dollars for teenagers and $90
to $250 for adults.

But, as Cauchon took great pains to point out in presenting the bill,
it will neither end marijuana prohibition nor bring the country's
multi-billion dollar marijuana business out from the black market. "I
want to be clear from the beginning," said the justice minister. "We
are not legalizing marijuana and have no plans to do so. What we are
changing is the way we prosecute certain offences."

While the Liberal proposal decreases formal sanctions for simple
possession, in those considerable portions of Canada where possession
busts are now not worth the bother for police, it potentially could
actually increase enforcement. And while the proposal lessens
penalties for possession, it increases existing penalties for all but
the smallest growers.

Under the provisions of the government legislation:

* Possession of 15 grams or less is no longer a crime but a
"contravention" (similar in seriousness to a traffic violation)
punishable only by a fine. Fines increase from the set minimum
according to whether "aggravating" factors, such as possession while
driving or near a school, are involved.

* Possession of 15 to 30 grams may be charged as either a
contravention or a criminal offense at the discretion of the officer
involved. The same aggravating factors may be applied in making the
charging decision.

* Penalties are lowered for the cultivation of three or fewer plants
to a maximum of 18 months in jail and a $5,000 fine. Under current
law, all cultivation is punishable by up to seven years in prison.

* Penalties are lowered for the cultivation of four to 25 plants to a
maximum of 18 months and a $25,000 fine, but prosecutors have the
option of charging cultivation in this range as an "indictable
offense" (akin to a felony) punishable by up to five years in prison.

* Penalties are increased for the cultivation of more than 25 plants.
For 26-50 plants, the penalty is a maximum of 10 years in prison, plus
fines, and for more than 50 plants, 14 years in prison, plus fines.

* Penalties for trafficking remain unchanged, with the maximum
sentence remaining life in prison, although not even the largest hard
drug trafficker has received more than a 20-year sentence in recent
years. Canadian drug trafficking laws do not differentiate between
marijuana and other controlled substances.

* There are no provisions regarding medical marijuana.

The Liberal decrim bill, strange hybrid critter that it is, is being
framed by the government as part of a larger National Antidrug
Strategy, which will spend US $175 million over the next five years on
drug prevention, treatment and enforcement, including a campaign to
discourage marijuana use.

"We do not want Canadians to use marijuana," said Health Minister Anne
McLellan, who lobbied hard against any liberalization of the laws
within the government. "We especially don't want young people to use
marijuana. That is why an important part of our drug strategy will
focus on strong public education messages to inform Canadians of the
negative health affects of marijuana."

While the Liberal legislation sparked opposition from the usual
suspects -- the Canadian Police Association called it "a hastily put
together package that is held together with Band-Aids and duct tape"
- -- and congratulations from groups like the Canadian Bar Association,
the reaction from drug reformers and marijuana activists and consumers
was tepid at best.

"This is one step forward, one step back," said Dana Larsen, president
of the British Columbia Marijuana Party (http://www.bcmarijuanaparty.ca),
headquartered in the country's biggest marijuana-growing province.
"Decriminalization is a small step forward, but this law will not make
things easier for Canada's marijuana people," he told DRCNet. "Here in
Vancouver, now the police pretty much leave you alone or they just
hassle you and take your stash. With the fines and ticketing, you end
up with more punishment."

That plaint was echoed by members of the small crowd openly smoking
pot at a city park adjoining Nelson, British Columbia's, Holy Smoke
Culture Center and Psyche-Deli. Under a de facto arrangement with
Nelson police, the lawbreakers go unbothered, but some worried that
could change. "Now they leave us alone," one exhaled, "but if they can
make some money from it, who knows?" Another had a more fundamental
objection. "It is a sacred herb," he said. "The government should stay
away."

"Should I weep at the criminal stupidity of the government or give it
credit for half-measures?" wondered Eugene Oscapella of the Canadian
Foundation for Drug Policy (http://www.cfdp.ca). "We have long
maintained that the possession, use or transfer of drugs for personal
purposes should not be a crime, so we support decrim and a ticketing
scheme," he told DRCNet. "But increasing the penalties for cultivation
will tend to drive out the mom-and-pop operations and deliver the
trade to larger criminal organizations that are less worried about law
enforcement."

A Toronto-based group working for marijuana legalization echoed and
amplified Oscapella's concerns. "Cannabis, which currently is legal in
Ontario due to court rulings, will continue to be used by Canadians
regardless of the amount of money spent on American-style anti-drug
propaganda, in this case $245 million [Canadian] dollars worth,"
pronounced Ontario Consumers for Safe Access to Recreational Cannabis
(http://www.ocsarc.org). "The government of Canada should forget about
sending a message to Canadians. Cannabis consumers are well informed,
productive citizens, and can make up their own minds and choose to put
what they want into their own bodies," said OCSARC communications
director Tim Meehan in a press release. "The Minister of Health,
instead of repeating the same reefer madness bunk, should instead
focus on promoting less harmful ways of using cannabis -- which will
be used regardless of what the law is -- such as vaporization as
opposed to smoking -- and follow the Senate committee's recommendation
to legalize this natural herb. This law and drug strategy is a harmful
half-measure that will not accomplish anything -- except the
appearance of doing something about the problem."

Objections from drug warriors and reformers notwithstanding, the
legislation is likely to become law by year's end. Under parliamentary
systems like Canada's, governments by definition control a legislative
majority, and while there is some grumbling from the Liberal back
benches, Prime Minister Chretien should be able to push the bill
through before he leaves office in February.

Still, said Oscapella, it is not yet a done deal, and a political
battle remains. "There will be pressure from the US, there will be
pressure from police groups, there will be completely dishonest
interpretations of the legislation, and it is important that American
reformers who have so gracefully supported us continue to do so," he
said. "So many Americans have written to politicians and newspapers to
say 'don't do what the US is doing,' and they have been a significant
force in educating the public and the politicians. Please keep it up."

The BCMP's Larsen also thought the bill would pass, but remained
cautious. "I think we'll see it by the fall or winter, but there could
be problems. I'll believe it when it happens."

And if it does happen, the BCMP is determined not to let
decriminalization take the wind out of ending marijuana prohibition.
"As activists, we can work with this," said Larsen. "We will challenge
this law if it actually becomes law. People will have nothing to lose
by going to court instead of paying the fine. We want people to plead
not guilty, to use their appearances to make speeches, to jam up the
courts with marijuana offenders, to make them spend a lot more money
than they'll make on fines. This is not enough."

The bill is available online at: 
http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/government/C-38/C-38_1/C-38TOCE.html

A background paper on the bill is available online at:
http://www.hc-sc.gc.ca/english/media/releases/2003/2003_34bk2.htm