POT LAWS: THE BORDER FACTOR

Last week, Paul Martin's government reintroduced a bill to decriminalize
possession of small amounts of marijuana. Predictably, U.S. ambassador Paul
Cellucci assailed the plan, warning relaxed pot laws would only thicken the
morass at the border.

"Why, when we're trying to take pressure off the border, would Canada pass
a law that would put pressure on the border?" he asked. "If people think
it's easier to get marijuana in Canada, then our people at the border are
going to be on the lookout, and I think they will stop more vehicles,
particularly vehicles driven by young people, whether they're citizens of
Canada or the United States."

Plenty of Canadians bristle at Cellucci's perceived meddling. But he's got
a point. Right or wrong, the U.S. will stiffen border protocols if Canada
eases its cannabis laws. And nobody knows better than Windsorites the
economic woes that could precipitate. The $1.2 billion in trade that flows
daily across the border is the lifeblood of Canada's economy. Ottawa
shouldn't risk blocking such a vital artery over a deeply flawed and
essentially worthless pot policy.

The Liberals' draft marijuana legislation would wipe out criminal penalties
for possession of less than 15 grams of pot, replacing them with fines of
$150 for adults and $100 for underagers. While virtually letting users off
the hook, the legislation toughens punishments for the cultivators and
pushers behind Canada's burgeoning pot trade.

This approach is utterly counterintuitive. If the legislation passes, it
will be legal to smoke pot, but illegal to grow or buy it. Where does
Ottawa think tokers will get their fix? They'll keep buying weed on
Canada's booming black market -- a market that's likely to expand when
smoking small amounts is reduced to a ticketable offence.

To counter that, the legislation promises to crack down on organized drug
traders. That's a fine theory that has failed miserably in practice. The
black market in cannabis is so lucrative even Draconian penalties won't
shut it down. A June study by the Fraser Institute found a modest grow
operation of 100 plants generates $80,000 a year in gross revenues with a
potential return on investment of 55 per cent after expenses. It's only
logical to assume selling pot will be an even better business when
customers no longer risk criminal charges. Decriminalization won't stop the
marijuana mobs.

What about the oft-espoused argument that Canada's justice system wastes
too much money catching and prosecuting harmless recreational tokers? In a
2002 report recommending full legalization with strict controls, a Canadian
Senate committee found the cost of prosecuting drug offences in 2000-2001
was $57 million with only $5 million spent on cannabis possession offences.
(That figure does not include police and customs expenditures, which the
committee found nearly impossible to pinpoint.) Furthermore, the committee
suggested most of those pot possession charges were related to other
crimes, such as when cops discover marijuana on a person arrested for
robbery. Oftentimes, Canadians caught for simple possession are let off
with a warning.

In the end, decriminalizing marijuana likely won't change or fix a thing.
Canada shouldn't raise America's hackles and risk its trade relationship
over a policy with no practical effect. It's just not worth it. Instead,
Ottawa should work with Washington toward a continent-wide policy of
marijuana-legalization with strict controls. Study after study has shown
pot is no more dangerous than alcohol or cigarettes -- it should be sold
and regulated like whiskey and tobacco. Ending marijuana prohibition in
concert with the U.S. is the only surefire way to shut down organized crime
while protecting trade.