Pubdate: Tue, 02 Nov 2004
Source: Toronto Star (CN ON)
Copyright: 2004 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Bruce Campion-Smith
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

SPARKS OF NEW LIFE FOR POT BILL

Legislation Easy on Small-Time Users but Grow-Ops, Impaired Drivers Targeted

OTTAWA--Small-time pot users could escape with a slap on the wrist, 
big-league grow operations would face stiff fines and jail time, and 
drug-impaired motorists could undergo mandatory blood tests under new 
legislation introduced yesterday by the federal government.

The proposed law, similar to legislation that never passed before the June 
28 election, is meant to allow "personal users" of pot to avoid a criminal 
conviction and record, which could hurt job prospects and hinder travel abroad.

"We want to decriminalize marijuana use for those who have small amounts 
for personal use in order that young people in particular not have a 
criminal record," Justice Minister Irwin Cotler said yesterday.

"Possession and consumption of marijuana is illegal and will remain 
illegal. The only change here revolves around decriminalization for people 
holding small quantities."

The government also introduced new measures to crack down on drug-impaired 
drivers. But with less than 200 officers trained nationwide to recognize 
drug symptoms, it could be years before this part of the law is properly 
enforced.

The reforms to Canada's marijuana laws would decriminalize possession of 15 
grams by proposing fines -- $150 for adults, $100 for youth -- instead of a 
criminal conviction.

In yesterday's legislation, the federal government pointedly rebuffed 
demands to lower the cut-off to 10 grams.

Possession of a gram or less of hashish would mean a $300 fine for adults 
and $200 for youth.

In both cases, the fines would be higher if the offender was operating a 
motor vehicle, near a school or committing another offence at the time.

In a nod to the problem of large-scale grow operations, the proposed law 
spells out a series of new penalties. People caught growing up to three 
marijuana plants would be subject to a $500 fine, $250 for youth.

But for anything more than that, marijuana growers could face jail time, up 
to 14 years behind bars -- double existing penalties -- for operations with 
more than 50 plants. If the grow op is located in a residential 
neighbourhood the courts would have to justify not imposing imprisonment.

Cotler also proposed a separate bill that would give police officers the 
power to force drivers suspected of drug use to submit to tests.

It would start at roadside with a series of motor-skills tests. If drug use 
is suspected, the driver would be taken to a police station for further 
physical tests, including blood pressure, pulse, and body temperature to 
determine the category of drug use.

Blood, saliva or urine samples is an almost certainty to confirm the 
presence of drugs, government officials said yesterday.

Refusal to comply would be punishable by the same laws against drunk driving.
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