SMOKING MARIJUANA SHOULDN'T BE A CRIME

An estimated 1.5-million Canadians routinely commit this crime. 600,000
have criminal records because of it. More than 20,000 are charged and 2,000
convicted annually. Each year, Canadian governments spend up to
$500-million in a vain attempt to enforce this widely flouted and
disparaged law.

The offence? Possession of marijuana, a drug that is less addictive and
less harmful than either alcohol or tobacco. The Canadian Centre on
Substance Abuse, the Association of Police Chiefs, and the Canadian Bar
Association have all argued in favour of decriminalization. So, too, has
the Canadian Medical Association, which has noted that while the effects of
moderate marijuana use are "minimal," a criminal record effectively bars
young people -- the most frequent users -- from many career opportunities.

Other countries have taken such considerations into account, and responded
accordingly. This summer, the British government announced that marijuana
laws would be relaxed to the point that most offenders would be let off
with a warning. But while surveys have indicated that as many as seven out
of 10 Canadians favour decriminalization, our government has yet to
respond. Canada's legal approach to non-medicinal marijuana use, while
still more lenient than that of the United States, has changed little since
marijuana was first banned in 1923, the age of "reefer madness."

Recently, there have been encouraging signs of change. Earlier this year,
Martin Cauchon, the Justice Minister, indicated a willingness to consider
decriminalization. Jean Chretien, the Prime Minister, appears to have
backed away from his previous refusal to consider reforms. And this past
week, a nine-member senate committee went much further by recommending that
marijuana be fully legalized, and be distributed by the state.

While we are encouraged by their enthusiasm for reform, the senators went a
step too far in recommending outright legalization. The idea of giving the
state a role in selling pot is also troubling: Although marijuana use
should not be lumped together with harder drugs such as heroin or cocaine,
governments should not have a financial incentive to encourage a habit that
- -- like tobacco use -- increases the risk of serious health problems,
including throat and lung cancer.

The committee's proposal is made all the more troubling by its suggestion
that possession should be legal for anyone 16 years of age or older. Minors
are prohibited from tobacco and alcohol use because of legitimate concerns
surrounding their judgment. Marijuana is no different in this respect, and
the government should make sure that providing minors with marijuana
remains a serious crime.

With that said, the senators' work should not be discounted. Their 600-page
report, full of expert opinion and data, makes a compelling case in favour
of a more relaxed position. Hopefully, it will help convince Mr. Cauchon
and Mr. Chretien of the merits of decriminalization. Such a system would
not require changes to our trafficking laws: Selling marijuana would
remain, for now, illegal. But personal use would result only in a small
fine, and no criminal record.

Marijuana use -- like smoking, unprotected sex and sugary foods -- should
not be encouraged. But it should not be a criminal offence either. Every
politician in Ottawa should read the senate committee's report. While we do
not embrace the full sweep of its conclusions, we welcome its call for a
more liberal posture on a drug hundreds of thousands of Canadians use every
day.