Pubdate: Sat, 13 Jun 1998 Source: Vancouver Sun (Canada) Contact: http://www.vancouversun.com/ Authors: Neil Boyd, John Conroy, and Gil Puder Note: Neil Boyd is a criminology professor at Simon Fraser University; John Conroy is a lawyer; he defended Randy Caine; Gil Puder is a Vancouver police officer and college instructor. DRUG WAR VETS SAY DON'T POLICE MARIJUANA A cop, a lawyer, and an academic believe one letter from the attorney-general directing police not to enforce the law of the land would diminish the contribution of cannabis to criminal acts like gang cultivation: The moderate use of cannabis by healthy adults, even over many years, risks neither the health of the user nor of society, scientific and medical researchers are beginning to agree. Remember these words, reader, when you next participate in, or are exposed to, the highly charged, long overdue debate over Canada's illicit-drug policies - and, equally important, their impact on individual Canadians and our swamped justice and health-care systems. Remember them especially if that debate degenerates into an exchange of volleys between prohibitionist drug-warriors and laissez-faire libertarians in which the principal casualty is socially responsible alternatives to their extreme positions. Implicitly, the Canadian courts have done much recently to publicize the emerging medical and scientific consensus that cannabis is relatively benign. [1] Last August, the Ontario Court (general division) in R. v Clay found a general agreement among the experts that moderate use of marijuana causes no physical or psychological harm. [2] Last December, the Ontario Court of Justice (provincial division) in R. v Parker declared that persons possessing or cultivating cannabis for their personal medically approved use were exempt from the Controlled Drugs and Substances Act. The court stayed possession and cultivation charges against an epileptic user. [3] In April, the provincial court of British Columbia in R. v Caine granted an absolute discharge to a recreational pot user. "The current widespread use of marijuana does not appear to have had any significant impact on the health-care system of this province and, more importantly, it has not been perceived by our health-care officials as a significant concern, either provincially or nationally,'' the judge wrote. Marijuana is clearly the leading candidate for "delisting" from the illicit-drug trade. We would like to propose a first, modest step forward: The legislation that "criminalizes" marijuana use is the Controlled Drugs and Substances Act. It is federal legislation and it may be unrealistic to expect Ottawa to change it. Not only can centrist governments be rather clumsy when addressing community interests, but the increasing potential for either an election or leadership contest makes our justice and health ministers unlikely risk-takers. Law enforcement falls under provincial jurisdiction, however, and thus appears to be a more practical place to begin drug-law reform. Consider the consequences of this possible policy directive: Effective this date, the provincial Attorney-General directs all Chiefs of Police and RCMP Commanding Officers to adhere to the following guidelines when they, or members under their command, enforce the Controlled Drugs and Substances Act, with respect to cannabis (marijuana): S. 4(1) Possession shall not be enforced against a person who has achieved the age of 19 years, except when that person is found to be in possession in the following circumstances: 1. In a public school or on school grounds; 2. While consuming cannabis on public property. 3. While operating a motor vehicle or vessel when impaired; 4. Of the quantity possessed exceeds 30 grams. S. 5(1) Trafficking shall not be enforced against a person when all parties to the transaction have reached the age of 19 years, the quantity of cannabis exchanged is no more than 30 grams, and there is no profit arising from the transaction. Cultivation of no more than three cannabis plants shall be permitted upon private property. Any exception to these restrictions requires the specific approval of the commanding officer of the jurisdiction. Enforcement of any municipal anti-smoking bylaws will continue to be expected. Suddenly, consenting adults might consume marijuana for recreational or medicinal purposes, without fear of prosecution. Canadians are regularly criminalized for simple possession: Nearly 20,000 people were prosecuted in 1996; the Caine prosecution involved half a gram. Although some of these people already had records, a significant number were labeled criminals for the first time, creating potential disabilities for employment and travel. Under our proposal: q People could cultivate plants for personal use, thereby, avoiding the criminal black market. q Parents concerned about having pot at home could obtain a small amount, without fear of arrest. Doctors and nurses seeking marijuana for their patients would no longer have to send them to drug dealers offering a potentially contaminated product. Under our proposal: * Enforcement priorities such as drug-free schools and trafficking to young people could be continued or enhanced. * Large-scale cultivation operations would probably continue, primarily for export, but would be fewer in number and thus more vulnerable to police intervention. Recreational users would no longer be contributing hundreds of millions of dollars to the criminal-gangs operators. * With credibility restored to law enforcement, the courts would be more likely to view those charges brought forward with more seriousness. There are international and Canadian precedents for the use of a provincial directive like the one proposed here. A two-year study of decriminalization in the state of South Australia reported no increase in marijuana use, compared to other Australian states continuing criminal prohibition. Holland maintains criminal sanctions for simple possession, yet a long-standing official non-enforcement policy has resulted in some of the lowest marijuana use in the Western world. Belgium recently announced that it will decriminalize. Regional policing policies for federal law have a long history in Canada. In December, B.C.'s attorney-general announced comprehensive diversion guidelines for Criminal Code enforcement of property crime and minor assaults. Some police officials may protest, but their views fall contrary to the majority of citizens; in B.C., 63 per cent of the public favour decriminalization. (The objection of police leaders - those who have typically supported the status quo - would certainly raise the issue of whether an agency truly believes in, or is merely paying lip service to community-based policing.) We must emphasize that we are not advocating marijuana use and recognize that any substance, lawful or not, might be abused. Yet the irrational and hypocritical treatment of cannabis is causing great harm to important Canadian institutions. Change must be effected, and soon, for the law to regain its rightful place of respect in society. - ---