DECONSTRUCTING DECRIMINALIZATION

Don't call it decriminalization. Call it ... criminalization lite. Or
penalty reduction. Or, perhaps, a THC tax. We refer, of course, to the
federal government's proposed changes to Canada's drug laws. More
specifically, to the end of prison sentences as punishment for the
possession of small amounts of marijuana.

Under existing legislation, possession of pot is punishable by a maximum of
six months in jail and a $1,000 fine. The new law, if it passes, will
partially do away with prison time, but retain the fines. Penalties would
be assessed on a sliding scale, based on the amount of marijuana involved
and the age of the offender.

For possession of 15 grams or less, youths would pay fines of $100 to $250.
Adults holding that amount would be dinged $150 to $400. No criminal record
would result from such possession busts.

Possession of larger amounts would result in a fine and, possibly, prison.

However, the marijuana law's provisions would not lighten up on traffickers
and growers. Traffickers would still face a maximum of life in prison.

Yet at the same time it is reducing penalties for possession of marijuana,
the government also plans to spend $245 million to fund programs intended
to help curb drug use. This approach is akin to Nova Scotia's policy of
condoning the use of video lottery terminals, while simultaneously funding
anti-gambling programs.

The messages are mixed, and even self-contradictory. On the one hand,
governments agree with the more conservative elements of society that drugs
and gambling are vices. But those vices are either tolerated, as in VLTs;
or downplayed, as will be the case with marijuana if the Liberals'
legislation passes before the end of this session of Parliament.

The government's ambivalence toward activities such as pot-smoking mirrors
that of society as a whole. Opinions are polarized between acceptance and
condemnation. Within the federal Liberal caucus, several members are
adamantly opposed to any reduction in penalties for marijuana possession,
arguing that it sends the wrong message to users - and to the United
States, which has threatened crackdowns at the border in response to any
relaxation of Canada's drug laws.

Both Prime Minister Jean Chretien and Justice Minister Martin Cauchon have
expressed their determination to push this legislation through Parliament,
regardless of objections north or south of the Canada-U.S. border, and in
or out of the Liberal caucus.

However, if the bill doesn't become law before the Liberals' leadership
convention in November, those who favour an end to criminal penalties for
marijuana possession could find their hopes snuffed out on the order paper.