POINTLESS PROHIBITION

It's been obvious for some time that Canadian society is ready to move
beyond its existing drug laws. But nothing could make it much clearer than
the recent case of a Vancouver "pot cafe."

Earlier this year, the Da Kine Cafe began openly selling marijuana over the
counter. Carol Gwilt, the cafe's owner, evidently expected that peddling
the substance -- and presumably forcing a crackdown -- would help advance
the legalization cause. But after four months, it became obvious that
nobody much cared that she was openly violating the law.

So late last week, the cafe finally elicited a mild fuss -- but only
because, in a slightly ridiculous play for attention, Ms. Gwilt sought out
media interest. Yet despite this, police have yet to press any charges;
according to Constable Sarah Bloor, they haven't yet taken action because
of other priorities, a lack of resources and no public complaints until Ms.
Gwilt went public this week. There is now vague talk about taking away her
business licence.

Even on its own, the indifference to the activities of the Da Kine Cafe
would speak to the absurdity of a criminal law that few people --
including, it seems, some police forces -- have any interest in enforcing.
But it is all the more telling when contrasted with the case of Marc Emery,
the marijuana activist recently sentenced in Saskatchewan to three months
in prison on a trafficking conviction for passing a joint at a rally.

When our drug laws are enforced so arbitrarily that one individual is
imprisoned for trafficking when he did nothing of the sort, even as another
feels compelled to contact the media in order to draw attention to the fact
that her establishment has sold the same drug over the counter for months
without any consequences, the need for reform is obvious.

The only sensible course of action is to end the pointless prohibition of a
substance that is neither more dangerous nor more addictive than alcohol or
tobacco, and one that has reportedly been smoked by more than 10 million
Canadians at some point in their lives.

Proposed legislation to decriminalize small amounts of pot for personal
use, initially brought forward under Jean Chretien's government and
expected to be revived under Paul Martin's, is a good start. But users
would still be breaking the law, and fines would likely be handed out
arbitrarily as convictions are today. It's time to make official what
Vancouver's authorities have evidently already accepted, and legalize
marijuana.