GRITS REVIVE MARIJUANA LEGISLATION

Killed By Election: Bills Would Decriminalize Pot, Crack Down On
Impaired Drivers

OTTAWA - The Martin government embarked yesterday on its third attempt
in the past year to decriminalize marijuana, and its second try at a
law to force drug-impaired driving suspects to surrender blood and
saliva samples.

Irwin Cotler, the Justice Minister, revived the companion bills after
they died when the federal election was called last summer.

The reincarnated versions are virtually identical to their
predecessors, sparking the same criticism as the earlier efforts.

On the marijuana front, Parliament will now start all over again on an
issue that has been debated in the federal ranks for more than 30 years.

"We want to decriminalize marijuana use for those who have small
amounts, in order that young people, in particular, not have a
criminal record with all the adverse fallout that that means," Mr.
Cotler said.

The bill decriminalizes possession of less than 15 grams of pot or
fewer than four plants, making the offences punishable with fines
rather than criminal charges, while calling for harsher penalties
against marijuana grow-ops by doubling maximum prison terms to 14
years from the current seven.

The marijuana bill is a Chretien-era initiative and there has been
criticism that the Martin government lacks the political will for the
legislation to pass, after a failed revival effort last spring.

The Conservatives oppose decriminalization of more than five grams,
but the Bloc Quebecois and the NDP are mainly supportive, suggesting
the bill should have little trouble passing unless there is a revolt
from the Liberal backbenches.

The bill remains an irritant to the United States, which took another
shot at Canada this fall in a White House report warning that soft
marijuana sanctions are an "invitation" to organized crime.

"How does this government guarantee us there won't be retaliatory
action by the Americans?" asked Conservative justice critic Vic Toews.
"I'm very concerned they are going ahead on this without taking into
concern the real impact that this will have on trade."

Critics also say the government should be imposing minimum sentences
for grow-ops rather than increasing the maximum penalties.

The drug-impaired driving bill is a more recent Martin measure that
was first introduced shortly before the June 28 election was called.
The government is proposing a fine of $600 for failure to comply with
a battery of roadside tests and a further police station investigation
that would include surrendering blood and saliva samples.

"We are making that which is voluntary, mandatory," Mr. Cotler
said.

Police, many of whom oppose marijuana decriminalization, have
complained about the prospect of more drug-impaired drivers on the
streets with no legal means to arrest them.

Hundreds of officers are being trained across the country to become
experts in recognizing the physiological symptoms of drug impairment
so they can conduct the roadside physical tests.

If a suspect fails -- and it is determined he or she is not
alcohol-impaired -- the testing could then move to the police station.

The maximum penalty for drug-impaired driving would be five years,
while being convicted of drug-impaired driving causing death could
warrant life imprisonment.

Mr. Cotler acknowledged yesterday that there have been warnings the
bill will invite constitutional challenges from people who feel it
overly intrusive. But he said he is confident the law, based on the
experience outside Canada, would not run afoul of the Charter of Rights.

The federal government has included with the bill an additional
$6.9-million for law enforcement, bringing total funding for the
initiative to $11.9-million.