Pubdate: Mon, 22 Sep 1997 Source: Ottawa Citizen Contact: Decriminalize drugs for personal use, lawyer urges Prohibition causes drug trade's corruption, violence, conference told By Jeremy Mercer, The Ottawa Citizen Calling the fear of illegal drugs like marijuana, cocaine and heroin "hysterical thinking," an Ottawa lawyer is calling on Canadian lawmakers to decriminalize all drugs for personal use. "Canada's drug policies are extraordinarily destructive and actually increase the problems associated with drugs instead of diminishing them," says Eugene Oscapella. "There are people out there who have a very strong vested interest in creating a fear of drugs and are not looking at the defective policies built around drugs. "In fact, whenever you have prohibition, it creates a black market the corruption and violence of the drug trade are a result of prohibition creating that black market." Mr. Oscapella recommends noncriminal regulation instead, perhaps something similar to a liquor board to oversee soft drugs such as marijuana, while harder drugs like heroin and cocaine might only be available through doctors. Mr. Oscapella made his comments yesterday at the 26th Criminal Justice Congress being held at the Citadel Inn in downtown Ottawa. The conference, hosted by the Canadian Criminal Justice Association, brings together people involved in the criminal justice system to discuss longterm policy issues. One of the themes of the conference is debunking myths about crime. Mr. Oscapella was speaking at a session titled "Drugs and The Development of Fear." Mr. Oscapella has two main arguments in his battle for decriminalization. First, he says Canada's drug laws are flawed because it costs society millions of dollars a year to police and prosecute drug users. "We're giving more money to the state, we're investing more money in courts and police, and we're diverting money from social programs," he says. His second argument is that several powerful segments of society profit from existing drug laws, so they are promoting a fear of drugs to make sure the laws won't be changed. "The tobacco, alcohol and pharmaceutical industries. They're very, very happy with prohibition because it lets them sell their drugs," says Mr. Oscapella, who calls the attack on illegal drugs "chemical McCarthyism." "Cocaine, for example, may have some very good antidepressant qualities. Coca tea may have some very good antidepressant qualities, but I bet you the guys who make (antidepressants) would be upset if you could get access to coca tea. "The media makes money from selling godawful stories about drug violence. The police, criminal justice system employees, all the people selling home protection systems or drugtesting equipment, they're making money out of prohibition. Lawyers make a lot of money from the prohibition of drugs. Defence lawyers pay their mortgages by defending drug users, prosecutors pay their mortgages by putting them in jail. There are a lot of vested interests in this business." Mr. Oscapella, who received his law degree from the London School of Economics, works as a consultant to, among others, the federal Privacy Commission. He is also a founding member of the Canadian Foundation for Drug Policy, a lobby group that has appeared before several House of Commons and Senate committees arguing for alternative methods of regulating drugs. Mr. Oscapella is known locally for his work with the Opera Lyra company and the Orpheus musical theatre group. Although he is fighting for decriminalization of illicit drugs, Mr. Oscapella is not a drug user himself, and has never tried even marijuana. "I haven't tried it and I have no particular interest in trying it. I come at it as a human rights issue," says Mr. Oscapella. "People are suffering massive deprivations of personal liberty because of the war on drugs." Nor is Mr. Oscapella denying that drugs can be harmful, but he says they're more harmful when they come from the street and are unregulated. "If you were a heroin addict and you had a safe, clean supply of heroin, you could more easily lead a normal life, hold a job, than if you were a severe alcoholic." He also insists there would be less crime. "A week's worth of cocaine costs a couple of bucks to produce, but it costs $1,000 to buy. You wouldn't have the same crime if all you needed was that couple of bucks, all the rest, that's the profit that criminal organizations are fighting for."