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Pubdate: Sun, 14 Nov 2004 Source: Winnipeg Free Press (CN MB) Copyright: 2004 Winnipeg Free Press Contact: http://www.winnipegfreepress.com/ Details: http://www.mapinc.org/media/502 POT NOT A PRESSING PROBLEM THE American ambassador to Canada, Paul Cellucci, may have been labouring the obvious last week when he pointed out that one of the main differences between Canada and the United States is that Canadians tend to be more liberal and Americans tend to be more conservative, but it was still worth reminding people of that. This is one reason, he suggested in a discussion with the National Post, that same-sex marriage is a less controversial issue here than it is in the U.S. and why people in this country overwhelmingly supported Senator John Kerry in his unsuccessful bid to defeat President George W. Bush in the Nov. 2 election. It is also one of the reasons that Ottawa is moving much more quickly than Washington -- which is actually not moving forward at all -- on the issue of decriminalizing marijuana. Mr. Cellucci has frequently discussed hard issues during his term as ambassador, a position from which he will soon retire. His tone has often been forceful without being scolding -- it is, after all, his job to defend America's interests in Ottawa. A recurring theme, and one that he reaffirmed last week, is that traditional ties between the two nations are so strong and run so deep that these differences, as difficult as they may sometimes be, are not serious enough to threaten the relationship. Canada can refuse to help the United States in Iraq, refuse to co-operate on other issues, but the two societies have too much in common, the two governments share too many responsibilities, the two economies are too tightly entwined, for the relationship to be lastingly threatened. That is not to say there may not be consequences -- every action has a counter-reaction, every decision comes with a price. One decision that Mr. Cellucci feared might have serious effects is Prime Minister Paul Martin's tabling of legislation that would decriminalize the personal use of marijuana. Such a law, the ambassador warned, could worsen already severe congestion problems at the border. A perception on the part of U.S. customs and drug enforcement officials that marijuana was easily available in Canada would result in far more cars being stopped for searches than is even the case today and would greatly hinder efforts to make border crossings from Canada into the U.S. a faster and easier process. For that reason alone, he argues, Ottawa should reconsider decriminalizing the drug. The legislation that is being proposed to the House of Commons is, in fact, a rather mild piece of reform. It would allow possession of small amounts of marijuana to be treated as a misdemeanor, rather than as a criminal offence as it is today. Since the courts in most parts of the country dispose of most cases of simple possession, and even some more serious charges, with conditional discharges, the law does not do much more than recognize that reality and free up police and courts to deal with more serious matters. The law might, in fact, benefit American drug enforcement, because it would also increase the penalties for marijuana growing operations, curtailing, in theory at least, the flow of marijuana south across the border. The American government is adamantly opposed to any easing of the penalties in laws for the use or possession of marijuana and against any relaxing of the enforcement of those laws. Following a court decision several years ago, it was compelled to recognize the medical benefits of the drug, but the most recent statistics indicate that it has so far granted only eight exemptions for it. Many American states, however, are closer in attitude to Canada when it comes to relaxing marijuana laws. Ten states have laws that permit the medical use of marijuana in defiance of the restrictions imposed by federal law and that appears to be a trend that is growing. In a referendum held with the Nov. 2 election, Montana, not usually considered a liberal state, voted to legalize the medical use of marijuana. Even so, American public opinion remains strongly divided, strongly enough that a conservative administration such Mr. Bush's will feel no urgent need to liberalize the laws. Even in more traditional liberal states, ambivalence remains. Oregon defeated a proposal that would have extended its medical-use program, while Alaska defeated a move to decriminalize personal possession of pot -- although a full 43 per cent of Alaskans voted in favour of it. If Canada's new laws on marijuana are approved, possession of marijuana will not be legal, growing and trafficking in it will still be punishable by imprisonment. The position of Ottawa and some American states will be hardly distinguishable. Mr. Cellucci's concern is genuine, the problems he foresees are possible, perhaps probable. They need not be inevitable. Canada and the United States have many more important problems that they need to work out. If the differences over marijuana can be put in perspective, there need be no increase in problems at the border or diplomatic difficulties in the capitals. - --- MAP posted-by: Derek