DECRIMINALIZED POT - 3RD TIME'S THE CHARM

Martin Government Revives Legislation. Bill Would Also Oblige Drivers
To Submit To Blood And Saliva Tests For Drug Impairment

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.

Justice Minister Irwin Cotler 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 criticisms as the earlier efforts.

On the marijuana front, Parliament will now start all over again on an
issue that has been debated in 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," said
Cotler.

The bill decriminalizes possession of less than 15 grams of pot or
fewer than four plants, making the offences punishable by fines rather
than criminal charges.

The proposal also calls for harsher penalties against marijuana
grow-ops, doubling maximum prison terms to 14 years from the current
seven.

The pot 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
within the Liberal backbenches.

The bill remains an irritant in the U.S., which took another pot shot
at Canada this fall in a White House report that warned soft marijuana
sanctions are an "invitation" for 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,
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 probe that
would include surrendering blood and saliva samples.

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 now being trained across the country to
become experts in recognizing 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 a conviction for drug-impaired driving causing death could bring
life in prison.

Cotler acknowledged yesterday that his bill may invite constitutional
challenges from people who feel it is overly intrusive.

But he said he is confident the law, based on experience outside
Canada, would not run afoul of the Charter of Rights.

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