FEDS RIGHT TO PUSH FOR POT DECRIMINALIZATION

A signal that cannabis is no longer the social scourge it was once
considered to be came earlier this year when the Fraser Institute, a think
tank renowned for its rock-ribbed conservatism, proposed marijuana and its
derivative hashish be legalized.

We do not believe the government should go that far, since marijuana's
potentially harmful effects are such there should still be a legal
deterrent to its use and sale. But we applaud Prime Minister Paul Martin's
statement this week his government will reintroduce legislation to
decriminalize the possession of small amounts of the substance - up to 15
grams - as proposed in a bill introduced by the Chretien administration but
never passed.

The legislation also proposes to toughen penalties for possession of large
amounts clearly intended for trafficking. Under the present law, possession
of any amount is a criminal offence punishable by up to seven years in
prison, though in recent years courts have systematically declined to
impose prison sentences in simple possession cases. Nevertheless, those
convicted of the offence are generally saddled with a criminal record. The
proposed law would put cannabis violations on a level with traffic tickets,
with fines ranging from $100 to $400.

The announcement coincided with publication of Statistics Canada findings
suggesting 12.2 per cent of Canadians over the age of 15 used marijuana or
hashish at least once in the year preceding 2002, when the survey was
conducted. That is a rate nearly double that recorded in 1989.

Some might consider this a reason to maintain or even toughen the current
laws. However, the Fraser Institute and others suggest it is more of a
testament to the present law's failure as an effective deterrent to either
use or supply.

Nor is decriminalization likely to lead to a dramatic increase in cannabis
use. This has not been the case in places where it already has been
decriminalized. A recent survey in Holland, which has perhaps the world's
most liberal cannabis laws, showed just more than 3 per cent of adults used
it in the previous year. That's a mere quarter of the Canadian rate.

It can be said with fair certainty that anyone in Canada who wants to use
cannabis is already doing so. Indeed, a possible reason for the reported
increase in usage might be that cannabis has lost its former social stigma
to the point where people will now readily admit to using it, where
previously they might have been more inclined to lie about it.

The most recent survey also shows use is highest among 18- and
19-year-olds, the age of rebellion and experimentation, and declines
steadily in higher age brackets.

Perhaps the strongest argument against decriminalization is U.S.
opposition, and the possibility of trade disruption because of tightened
border checks. But Americans also have a substantial interest in
free-flowing, cross-border trade, and so the risk of delays is slight,
especially when weighted against the harm to individuals and the damage
done to respect for the justice system through continued imposition of
criminal status for possession a substance arguably less harmful than
alcohol or tobacco.