THE CRIME OF DRUG USE

Federal Tory Leader Joe Clark favours it, so does one-time Alliance
leadership candidate Keith Martin.

The Police Association of Ontario opposes it, as does the Canadian
Police Association, which represent the rank and file of police forces.
Meanwhile, their bosses in the Canadian Association of Chiefs of Police
gives it limited endorsement. The Canadian Medical Association advocates
it.

The 'it' in question being a loosening of the criminal laws covering
drug use, specifically marijuana.

A Senate committee is currently hearing presentations on the
consequences of decriminalizing illicit drugs.

In Parliament, Justice Minister Anne McLellan and Prime Minister Jean
Chretien have given the go-ahead for a similar House of Commons look.
Early this month all five federal parties in the House supported the
creation of a special committee to hold hearings on the question.

A recent Internet poll by the Calgary Sun had 67 per cent of respondents
favouring decriminalizing marijuana, while a University of Lethbridge
poll found 47 per cent of respondents favoured legalization.

This latest move to address the issue of the crime of drug use really
got started a year or so ago when the government began moving to
revamping the rules covering the use of marijuana for medical purposes -
primarily for use in palliative care for those with chronic or terminal
illnesses. The Ontario Court of Appeal ruled last year that the current
rules covering the medicinal use of marijuana are unconstitutional and
gave Ottawa until this summer to revamp them, or see all such cases
thrown out of the court system.

It is also a spillover from the U.S. where legislators are seriously
starting to look at that country's war on drugs. A decade-long attack on
the illegal drug trade, with a heavy emphasis on zero tolerance, has
failed miserably. Harsh minimum sentences for even minor involvement in
the illicit drug trade has filled U.S. prisons to overflowing.

At present the average time behind bars for a drug-related offence in
the U.S. is 40 months, the same as for murder and manslaughter. Drug
sentences - possession or trafficking related charges - account for 60
per cent of those in federal institutions and 20 per cent of state
prisons. In total, one-third, or some 400,000 of the U.S. 1.2 million
prison population, are there for drug use. At the same time drug use,
abuse and trafficking continues unabated.

Canada, while the statistics are lower, also has a significant number of
its prison inmates behind bars for illegal drug use. Something on order
of 10 per cent or so of the 35,000 federal and provincial inmates.

Half of all drug arrests in Canada - about 30,000 a year - are for
simple possession of marijuana.

Advocates of looser drug laws say this is wrong.

They argue it is costly and wastes the resources of courts and police on
what is essentially a social and health issue. They're right. It costs
about $50,000 a year to house an inmate in Canada and around $40,000
south of the border. Studies in the U.S. show it costs about $50,000US
in police and court costs to put someone behind bars. They also point
out most of those behind bars for drug related convictions are
non-violent and do not pose any real threat to society.

As well, they argue treating drug use as a crime brings with it related
criminal activity - the thefts, violence and so on.

Prison statistics south of the border show the path taken in the U.S.
isn't the way to go, and Canada has already started moving in the
opposite direction. In 1997 the Criminal Code was changed to lessen the
impact of the penalty for simple possession of marijuana. It is now a
summary conviction, meaning no formal criminal record is kept of the
conviction. Nonetheless, for the 500,000 Canadians convicted of
marijuana possession over the past 30 years, it was and still is a
criminal offence and can block someone from entering countries like the
U.S. and from some career paths.

One in four Canadians over the age of 15 have used marijuana, and some
1.5 million are estimated to be current users.

There's no question marijuana, like tobacco, alcohol and a host of
'soft' drugs poses a health and public safety risk, and that risk
increases with increased use. Decriminalization or legalization will
certainly increase use. Studies have found that marijuana is the most
common intoxicant after alcohol in motor vehicle accidents where the
cause has been linked to driver impairment.

Those opposed to loosening the rules also make a point that marijuana,
like other soft drugs is a stepping stone to more serious drug abuse.
Drug trafficking, because of the related criminal activity that revolves
around it, is a serious challenge for police forces. Decriminalization
of marijuana won't change that. In fact, it may very well do the
opposite. By increasing the size of the user market, it will encourage
even more criminal activity on the supply side.

If Parliament is going to take a serious move towards decriminalization
- - accepting the argument that marijuana use is not a crime, they should
go the distance and legalize it.

The laws should be changed to control the commercial and home
manufacturing and use of the drug in much the same way as laws now
control alcohol and tobacco.

Recognize that marijuana is a substance that can do harm, but accept the
fact that the majority of society, while not condoning its use, does not
see that use as a crime, but as unacceptable behaviour and a poor
lifestyle choice.

Cut the criminal element completely out of the picture when it comes to
marijuana. Enact laws to ensure the product is as safe as it can be,
institute controls on who, when and where it can be used. Collect taxes
on its sale and use the funds to cover the costs of education advocating
against its use and rehabilitation programs for those who suffer the
consequences of abuse.