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Change The Marijuana Law
Pubdate: Wed, 02 Aug 2000
Source: Edmonton Journal (CN AB)
Copyright: 2000 The Edmonton Journal
Contact: http://www.edmontonjournal.com/
Forum: http://forums.canada.com/~edmonton
CHANGE THE MARIJUANA LAW
A court in Ontario has done more about Canada's draconian marijuana laws in
one ruling than decades of dithering and hand-wringing by federal politicians.
The Ontario Court of Appeal, the province's highest (no pun intended)
court, has struck down prohibitions on marijuana use in the Controlled
Drugs and Substances Act, saying it makes criminals of those who smoke pot
for medical reasons. The court has given the federal government a year to
amend the act or it will become "of no force and effect." In other words,
simple possession of marijuana will be legal.
It is about time someone did something about Canada's outdated marijuana
laws. The politicians wouldn't, so thankfully the court did.
The notion that the criminal sanctions against marijuana use are extreme
and counterproductive has been around since the LeDain Commission in 1973
recommended decriminalizing simple possession. The royal commission found
that use of the non-addictive "soft" drug was widespread, the punishment of
having a criminal record far outweighed the crime and that marijuana
possession cases were clogging courts that should have been dealing with
real crimes.
Despite those arguments, politicians chose to sit on their hands, treating
the issue with a wink and a nudge. Many of our current crop of political
leaders, including Ralph Klein and Stockwell Day, admit to having smoked
pot. For the most part, police ignore simple possession infractions, and
the courts let off minor offenders with a discharge or minimal fine.
If that's the case, then why not change the law to fit the crime? Simply
put, the answer is that it has been easier to do nothing.
But the medical use of marijuana forced the courts to face the issue. The
weed has been found to be effective in treating glaucoma, relieving the
nausea from chemotherapy, easing the pain of AIDS sufferers and controlling
epileptic seizures. But to benefit from marijuana's medicinal properties,
users have to break the law.
The Ontario court ruled that contravenes the Canadian Charter of Rights and
Freedoms. It threw out cultivation charges against Terry Parker of Toronto,
who grew his own marijuana to help control his epilepsy. The three-judge
panel said the prohibition "deprived Parker of his right to security of the
person and his right to liberty in a manner that does not accord with the
principles of fundamental justice."
The court made a fair and reasoned ruling. It gives the federal government
time to change the law. If Ottawa wants, it can allow for the sale of
government-inspected marijuana through prescription at the local drugstore.
Or it could let people grow cannabis for their personal use, just like
people are now allowed to brew their own beer and wine. It can still place
restrictions on lighting up in public, just as open liquor in a public
place is now met with a ticket and a fine, but not a criminal record.
The ruling leads one to wonder where marijuana research would be today if
it hadn't been for the ham-handed criminal sanctions. We would know a lot
more about its medicinal benefits, it might be available in more
user-friendly pill form and there would have been less suffering by those
who could have used it to ease their pain.
The Ontario court has spoken volumes with its ruling. Now it is time for
the politicians to respond.
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