MARIJUANA ADVOCATES WARRY OF OTTAWA'S MOVE TO DECRIMINALIZE

Police More Likely To Hand Out Tickets Than They Are To Press Charges If
Move Goes Ahead, Opponents Say

Ottawa's plan to decriminalize possession of small amounts of marijuana
could wind up being bad news for Lower Mainland pot smokers.

Abbotsford lawyer John Conroy and others say the proposal to make
possession of 15 grams or less an offence punishable by just a ticket and a
small fine could make it easier for police to crack down on users in a
region where criminal convictions for marijuana possession are increasingly
rare.

"It will make things worse rather than better," said Conroy, who
specializes in marijuana cases. "We're better off to stay the same than to
do this. It may well be better for people in provinces other than B.C.,
where people are treated more harshly. But we're in a bit of a cocoon here."

Indeed, one of the world's few experiments with handing out tickets for pot
suggests decriminalization can backfire badly -- making life much tougher
for marijuana users as police find issuing tickets much easier than
pressing charges.

According to an Australian study, in the years following the
decriminalization of marijuana in the state of South Australia in the
mid-1980s, the number of marijuana users issued with tickets almost tripled
- -- from 6,000 a year to 17,000.

"There was a net-widening," Paul Christie, one of the authors of the 1998
study, said in a phone interview from Adelaide. "A lot more people were
getting notices."

In fact, in the years after the law was changed, more marijuana users ended
up in court for failing to pay their fines than had ever been charged with
possession itself.

And some fear the same thing could happen here.

Vancouver police spokeswoman Constable Sarah Bloor said the relative ease
of writing a ticket means police probably would be more likely to stop pot
users if possession is decriminalized.

"It's hard to say exactly what's going to happen," she said. "[But] I would
say we would see an increase in the ticket writing. I think that's fair to
say. The convenience of it may lead to an increase in the number of people
being given a ticket."

Other jurisdictions were reluctant to say what impact decriminalization
might have on how they deal with pot users, but Corporal Peter Thiessen of
Richmond RCMP agreed that pressing charges takes police far more time than
just writing a ticket.

"You've got reports to Crown counsel, exhibits, the arrest of the
individual and statements," he said. "A far greater list of tasks need to
be carried out when a criminal charge is being laid then when a violation
ticket is being issued."

Vancouver has long had a reputation as one of the most lenient
jurisdictions in the country for marijuana users

Vancouver police referred only 116 cases of possession to prosecutors last
year, despite the city having one of the highest rates of marijuana use in
the country.

That works out to just 20.2 cases for every 100,000 people -- one-quarter
the national rate of 80.8, and less than one-fifth the rate in Ontario (104.7).

But Vancouver isn't the only place soft on pot.

Most municipalities in the Lower Mainland have rates of possession charges
well below the national average -- such as North Vancouver at 25.7,
Richmond at 27.6 and Surrey at 39.1.

In fact, some cities in the Lower Mainland are even more liberal than
Vancouver -- such as Burnaby (17.6), Coquitlam (13.2) and Delta (9.8).

And the situation in B.C. is even more lenient than those numbers suggest.

Since January 2002, federal prosecutors and the provincial government in
B.C. have had an agreement to divert those charged with marijuana
possession into community service programs run by the Elizabeth Fry society.

Those diverted into the program receive no criminal record.

"Because we have a policy to divert, the only time that something will go
through the courts is if there is an aggravating circumstance, like driving
a car under the influence, or using marijuana on school property --
something like that," said Lyse Cantin, B.C. spokeswoman for the federal
justice department.

And even those very few pot users who still end up in court are unlikely to
walk out with a record, Conroy said.

"Most folks would get an absolute discharge," he said.

Which is why many marijuana activists -- people you might expect would be
cheering Ottawa's plans -- wish the government would just leave well enough
alone.

"I'd rather have what we have now -- the status quo," said Marc Emery,
president of the B.C. Marijuana Party. "Because government is making it
worse with this legislation."

Dana Larsen, editor of Vancouver-based Cannabis Culture magazine, said the
hassles and paperwork of charging marijuana users with a crime serves as a
deterrent to police now.

"This [decriminalization] just makes it easier for police," he said. "It's
easier to write a ticket than arrest people and take them away."

In fact, Conroy said, depending on what penalties Ottawa enacts for
non-payment of fines, it's even possible that decriminalization could end
up putting more pot users in jail.

Decriminalization could also become a huge cash cow for Ottawa -- bringing
in millions in revenue.

Marijuana activists are also worried about Ottawa's plans to increase the
penalties for marijuana growers and traffickers in the same bill that
decriminalizes possession.

Emery said cracking down on growers will likely increase the price of
marijuana in Vancouver -- making the trade more attractive to organized
crime groups.

Conroy also said it's not clear how police will be able to tell, when
stopping a marijuana user, whether they have more or less than 15 grams of
pot -- about half a sandwich bag's worth.

"I don't think they'd be able to eyeball it when it's close," Conroy said.
"I guess they'll have to carry little weight scales."