CANNABIS OF WORMS

Putting one's house in order is all very well. But if the neighbours
don't like what you've done they can get mighty upset. Just ask the
Dutch.

Last Thursday, the Supreme Court of Canada agreed to hear the case of
a convicted marijuana-smoker who will argue that federal prohibition
laws are unconstitutional because there is no proof the drug is
harmful. If the court agrees, Canada's hundreds of thousands of
cannabis aficionados will cheer. Equally predictable, a howl of angry
dismay will erupt from authorities south of the border.

At immediate issue is the 1997 conviction of Chris Clay of London,
Ont., who sold some cannabis to an undercover police officer. At
trial, the judge concurred with Mr. Clay's contention that marijuana
appears to cause no serious or physical damage, but said his hands
were tied by the law. The Ontario Court of Appeal upheld the verdict.
Now Canada's top court has agreed to weigh in.

Canada's soft-drugs debate has dragged on for more than 30 years. In
1973, the LeDain commission urged that criminal sanctions for
marijuana users be phased out. Since then, the Canadian Bar
Association, the Canadian Council of Churches and numerous police
leaders have issued similar calls for decriminalization, as distinct
from legalization.

Yet the law remains awash in contradiction. On the one hand, police
are no longer required to fingerprint cannabis users found with less
than 30 grams. On the other, Statistics Canada data show that in
1999, arrests for pot possession soared by 16 per cent, even as the
use of heroin and cocaine appeared to dip.

In sum, there may well be a case for a rethink. But as has long been
evident in the Netherlands, tolerating cannabis use in an
increasingly borderless world can stir wide animosity.

The Dutch policy, in place for 25 years, has been not to enforce the
law. Provided they follow strict rules -- no hard drugs, no minors --
all those smoky coffee shops can sell their smorgasbord of marijuana
and hashish without hindrance. The proprietors even pay income tax,
and perhaps familiarity does breed some contempt. Dutch teenagers'
rate of drug use is among the lowest in Europe.

But that hasn't eased the hostility of neighbouring countries,
notably France and Britain, which with some justification perceive
the Netherlands as a bustling drug supermarket that ships its wares
around the world.

Under amendments to the Controlled Drugs and Substances Act,
Canadians with certain medical disabilities are already permitted to
possess small amounts of marijuana and hashish. But if Canada were to
decriminalize cannabis entirely, anger similar to that in Europe
would be certain from the United States, which is already irate at
receiving Canada's annual export of hundreds of tonnes of marijuana
- -- yes, hundreds -- chiefly from British Columbia and Quebec.

That is not a factor likely to have any bearing on the Supreme
Court's eventual decision, nor should it. But if Mr. Clay prevails,
Canada may expect a cross-border row that will be deafening.