U.S., CANADA CLASH ON POT LAWS

The Bush administration is hinting that it could make it more difficult for
Canadian goods to get into this country if Canada's Parliament moves ahead
with a proposal to drop criminal penalties for possession of small amounts
of marijuana.

The proposal, part of an effort to overhaul Canada's anti-drug policies,
essentially would treat most marijuana smokers there the same as people who
get misdemeanor traffic tickets. Violators would be ticketed and would have
to pay a small fine, but they no longer would face jail time.

Canada's plan isn't that unusual: 12 U.S. states and most of the 15 nations
in the European Union have eased penalties on first-time offenders in recent
years. That's a reflection of how many governments have grown weary of
pursuing individual marijuana users.

But U.S. officials, while stressing that they aren't trying to interfere in
Canada's affairs, are urging Canadians to resist decriminalizing marijuana.

In a lobbying campaign that has seemed heavy-handed to some Canadians, U.S.
officials have said that such a change in Canada's laws would undermine
tougher anti-drug statutes in the USA, lead to more smuggling and create
opportunities for organized crime. Bush administration aides note that
marijuana is an increasing problem along the Canadian border, where U.S.
inspectors seized more than 19,000 pounds of the leaf in 2002, compared with
less than 2,000 pounds four years earlier.

In December, U.S. anti-drug czar John Walters stumped across Canada,
criticizing the decriminalization plan. He told business groups in
Vancouver, where police allow public pot-smoking in some areas, that they
would face tighter security at the U.S. border if Canada eased its marijuana
laws.

The backlash was immediate across Canada, where surveys have shown that
nearly 70% of the country believes that possessing a small amount of
marijuana should be punishable only by a small fine. Canadian newspapers
accused the USA of being arrogant and called Walters paranoid.

For years, the USA and Canada have squabbled over border issues like
longtime friends with a few habits that annoy each other. U.S. officials
dislike Canada's looser immigration laws and limited regulation of
prescription drugs, particularly pseudoephedrine, used to make
methamphetamine.

Canadian officials complain that Colombian cocaine and Mexican heroin often
enter Canada via the USA. Canadians argue that the USA should do more to
curb Americans' demand for illegal drugs, because restricting the supply
only increases prices.

Canada's full Parliament is likely to consider a decriminalization proposal
soon.

Committees in the House of Commons and the Senate have issued reports that
say police should not arrest people for smoking marijuana, adding momentum
to the decriminalization effort. Early versions of the proposal say those
caught with no more than 30 grams - about an ounce - of marijuana for
personal use would be ticketed and fined an undetermined amount.

'Drug tourist' penalties

Marijuana possession in Canada now is a criminal offense that can carry jail
time. Although people convicted of such an offense rarely are sent to jail,
they do end up with a criminal record. In the USA, states generally
prosecute marijuana-possession offenses, and sentences vary from mandatory
jail time to fines. Under federal sentencing guidelines, a person conviction
of possession could be sentenced to a year in jail.

Canada would keep criminal penalties for marijuana offenses that pose a
significant danger to others, such as illegal trafficking, selling to minors
or driving while under the influence of the drug. To prevent "drug
tourists," Canadian officials say they would consider special penalties for
sales to non-Canadians.

Walters and other U.S. officials said they are worried that such a policy
change would make marijuana more available in Canada, leading to more
smuggling. They say drug gangs, sensing a more tolerant climate, probably
would move their operations near the Canadian-U.S. border, and more American
teens would cross the border to smoke pot.

Looser marijuana laws in Canada would make it "probable we will have to do
more restrictive things at the border," Walters said.

For Canadians who have been slowed by security checks imposed by the USA
since the Sept. 11, 2001, terrorist attacks, that would mean more delays in
crossing the border, he said. That could damage Canadian business; trade
with the USA accounts for 70% of Canada's exports.

Canadian Sen. Pierre-Claude Nolin, head of the panel that released the
Senate report and a supporter of eased penalties, doubts that a new
marijuana policy in Canada would lead U.S. officials to hinder trade.

Walters "should have respect for our courts and our public," Nolin says. "He
cannot stop 8,000 semitrailers at the Windsor (Detroit) border every day.
He's saying that, but he will not do that."

Marijuana use in the USA has risen during the past decade. A 2001 study by
U.S. government and university researchers indicated that 49% of high school
seniors had smoked pot, up from 32.6% in 1992.

In Canada, authorities say their studies indicate that about 30% of
Canadians ages 12 to 64 have used marijuana at least once. Although drug use
generally is presumed to be rising, Canadian officials say they do not have
accurate data they could use to plot a trend.

Canadians say America's rising demand for marijuana makes smuggling
appealing to criminal organizations. They also cite the dozen U.S. states
that have cut penalties for marijuana possession in recent years - Alaska,
California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New
York, North Carolina, Ohio and Oregon - and say the U.S. government should
focus more attention on them.

"It is up to each country to get its own house in order before criticizing
its neighbor," a Canadian Senate report said. In the USA, state and local
prosecutors handle most marijuana cases. Federal prosecutors usually handle
cases that involve large amounts of the leaf or that involve suspects who
cross state or national borders.

Asa Hutchinson, a former head of the U.S. Drug Enforcement Administration
who now is a top official at the Department of Homeland Security, said last
year that "we have to accept responsibility, and we're trying to reduce
demand. But without being critical of Canada, we're simply stating a
reality: The decision of the Canadian government will have a consequence in
this country."

More from Mexico

U.S. Customs agents say the amount of marijuana entering the USA from Canada
is dwarfed by that from Mexico. The Royal Canadian Mounted Police says 800
tons of marijuana circulates in Canada each year. It's grown mostly in
British Columbia, Ontario and Quebec - all of which border the USA. Canadian
and U.S. officials say they do not know how much Canadian pot reaches the
USA.

"B.C. Bud," the potent, hydroponically grown marijuana from British
Columbia, and its eastern counterpart, "Quebec Gold," sell for as much as
$4,500 a pound, the DEA says.

If Canada decriminalizes marijuana, U.S. Customs officials expect to see
more marijuana coming over the northern border, Customs spokesman Dean Boyd
says. "It doesn't take a rocket scientist to come to that conclusion."

Canadian Justice Minister Martin Cauchon, who soon will present the
government's plan for decriminalization, says he wants to bring Canadian law
in line with public opinion and with judicial rulings favoring lighter
penalties for marijuana possession. "We're not talking about being weak. We
want to have tougher law enforcement. Our policy toward trafficking will
remain the same."