LAW, ORDER AND POT

Chez Marijane isn't for the smart set. The air quality is lousy, the
conversation somewhat sluggish and the drink menu highly limited. But for
Montreal's marijuana users, the new "pot cafe" is a haven -- one of the few
venues where they can smoke away with like-minded souls in a public, social
environment. It is an absurd anachronism that the law should make these
people out to be criminals.

That's not to say marijuana use is advisable. But the drug is less harmful
than either tobacco or alcohol -- not to mention "hard" addictive drugs such
as heroin or cocaine. This is why several Canadian courts have recently
ruled Canada's pot laws unconstitutional, and why Ottawa has been compelled
to allow sick Canadians access to medical marijuana. Unfortunately,
full-blown reform may be a long way off: Incoming prime minister Paul Martin
has expressed skepticism about a recent proposal to decriminalize possession
of small amounts of the stuff.

As we see the issue, it is not just potheads who stand to benefit from
marijuana liberalization, but everyone who believes in the rule of law. In a
strong, democratic society such as Canada, ordinary citizens put their faith
in the police and the criminal justice system because they see a close
connection between their moral values and the laws that are enforced. When a
discontinuity grows between the two, police are forced to ignore the laws,
apply them selectively or enforce them vigorously and thereby become an
object of contempt and ridicule in the process. Either way, the entire idea
of "law and order" falls into disrepute. This divergence between morality
and law is huge in the case of pot, and growing with every passing year. Pot
smoking is perfectly acceptable in many social circles. And is there a
single Canadian concert-goer who would think to summon the police if they
smelled the scent of marijuana wafting from a group of smokers?

In this sense, we sympathize with Montreal's cops. Chez Marijane operates in
plain sight -- right across the street from a police station, in fact. And
so, for appearances sake, the police clearly felt they had to do something
when the establishment opened. Lacking any enthusiasm or public support for
a full-blown raid, the cops instead staged a tepid intrusion on Saturday,
arresting two clients (one of whom is 51 and reportedly suffers from
multiple sclerosis) and vaguely informing the rest they were under
"surveillance." Rather than come across as a show of force, this selective,
arbitrary application of the law only serves to illustrate how anachronistic
that law has become.

It would be too much to ask Mr. Martin to visit Chez Marijane so he can see
how harmless casual marijuana use is in comparison to the
government-sanctioned toxins sold at bars and convenience stores that
operate freely just down the street. But at the very least, we urge him to
think hard about the farce being played out at that venue. Any Canadian
leader who believes in the moral force of the law must act to change our
outdated marijuana policy.