SENATORS ON MARIJUANA: SMOKE 'EM IF YOU GOT 'EM

Committee Says It's Time To Legalize Cannabis Use In Canada

The Ottawa Citizen; with files from Citizen News Services

- - Allow licensed production and sales

- - Amnesty for those with criminal records

- - Improve access to medicinal cannabis

A Senate committee has unanimously called for the legalization of marijuana
in Canada, with government-licensed production and sale of the drug to any
Canadian citizen over the age of 16.

The proposal could lead the way to marijuana being sold in government-run
stores or even corner groceries, like tobacco or wine, said Conservative
Senator Pierre Claude Nolin, chairman of a special committee that conducted
a two-year investigation into the use of cannabis.

Mr. Nolin and the committee's co-chairman, Liberal Senator Colin Kenny,
said yesterday all inquiry members agreed more harm than good is being done
by making marijuana possession a criminal offence.

"Whether or not an individual uses marijuana should be a personal choice
that is not subject to criminal penalties," Mr. Nolin told a news
conference, adding the committee believed keeping the drug illegal, but
subject to non-criminal laws, would not end its production and distribution
by organized crime gangs.

"We have come to the conclusion that, as a drug, it should be regulated by
the state as much as we do for wine and beer, hence our preference for
legalization over decriminalization," said Mr. Nolin.

The committee also called for an amnesty for the 300,000 to 600,000
Canadians who have been convicted of possession.

The amnesty could include freeing prisoners who are serving time solely for
a marijuana-possession offence.

They also recommended improvements to ease access to medicinal marijuana
for people undergoing cancer chemotherapy or those suffering from glaucoma
or chronic pain.

Mr. Nolin and Mr. Kenny, however, insisted the committee does not want to
promote the use of marijuana, particularly by young people. "Make no
mistake, we are not endorsing cannabis use for recreational consumption,"
said Mr. Nolin, who called on the government to begin the process of
legalization by announcing a new drug policy this fall and holding a
conference of provincial governments and experts.

The Canadian Police Association promptly denounced the committee's
recommendations, saying Mr. Nolin and his colleagues began the study with
the belief that marijuana possession should be legalized and set about to
prove their case. "We are appalled, but not surprised," said David Griffin,
the association's executive officer. "It (the committee report) is nothing
more than a back-to-school gift for drug pushers."

Mr. Griffin accused the committee of inviting testimony from groups and
individuals who support the legalization of marijuana and other drugs,
saying he knew of at least one group opposed to liberalizing drug laws that
experienced difficulty trying to give testimony to the committee.

The committee released a 600-page report detailing testimony and quoting
studies it said "overwhelmingly" indicate marijuana is less harmful than
alcohol and should be treated as a social and public health issue rather
than a criminal matter.

"Domestic and international experts and Canadians from every walk of life
told us loud and clear that we should not be imposing criminal records on
users or unduly prohibiting personal use of cannabis," said Mr. Nolin.

The report said as far as cannabis is concerned, only behaviour causing
demonstrable harm to others should be prohibited. The areas were illegal
trafficking, selling to young people under age 16 and impaired driving.

The committee estimated governments spend $300 million to $500 million
annually enforcing laws against marijuana and recommended the money be
redirected into drug-abuse programs, preventive health programs and border
surveillance once marijuana is legalized.

Suggesting law officers spend too much time and resources enforcing
marijuana laws, the committee said 43 per cent of drug-related cases now
are for simple possession of marijuana.

Anticipating U.S. opposition to legalization in Canada, Mr. Nolin said
while the White House under President George W. Bush might react
negatively, views vary widely across the United States. Several states have
already decriminalized marijuana, Mr. Nolin noted. He added restriction of
sales to resident Canadian citizens would also help curb smuggling to the U.S.

It found Canada has one of the highest rates of cannabis use among youth in
the world, with 225,000 young people in the 12-17 age group using the drug
daily. About one million youths in the same age bracket have used cannabis
in the previous year, the report said.

Among adults, about two million Canadians over age 18 have used cannabis in
the past year.

Justice Minister Martin Cauchon said the Senate committee recommendations
would be considered and that related laws are outdated. But the government
won't disclose its next move before early next year, he added.

"We must be able to evolve at the pace of society," Mr. Cauchon said in
Quebec City. "It strikes me as unlikely that someone could have a criminal
record after being arrested for simple possession. When we have legislation
that's not really being enforced because it's no longer consistent with
social realities, it's important for a government to look at and reshape
such legislation."

Health Minister Anne McLellan was reluctant to comment in detail on the
Senate report because she has not yet read it. "That's actually an issue
for my colleague, the minister of justice."

Still, she said she spoke briefly yesterday morning with Mr. Nolin about
the recommendations that pertain to her department. Among those are
recommendations about the work of the Centre for Substance Abuse.

"I thanked him for the heads-up. I reassured him that we will take the
report very seriously."

Ms. McLellan noted there will be another report about marijuana coming from
a House of Commons committee that "may also help inform our future directions."

"But I think the work that the Senate has done is very important. It's
thorough."

Ms. McLellan also refused to be drawn into discussions over whether the
Senate committee is correct in saying smoking marijuana is less dangerous
than drinking alcohol.

"I don't know the basis on which they make those statements. I guess what I
can say as minister of health is that probably smoking is dangerous for
your health. And quite clearly drinking in anything other than moderation
is dangerous for your health. I will certainly go that far."

MP Keith Martin of the Canadian Alliance, a medical doctor, called the
report an important step in reforming drug laws, but said it should have
gone for decriminalization, not legalization.

"Decriminalization will decrease pot use, unlike full legalization, which
will only serve to make Canada an even greater haven for organized crime,"
Dr. Martin said.

The report said even though legalization of marijuana would likely lead to
an initial increase in consumption, use would later drop as interest wanes
and new drug prevention programs are established.

Mr. Kenny said the mystique of illicit drugs contributes to marijuana
consumption among teenagers and that would be eliminated with legalization,
also contributing to a drop in use.

Despite the negative health effects of drug use, the government should not
be in the business of controlling human actions such as cannabis
consumption, the committee said.

"We might wish for a drug-free world, fewer smokers or alcoholics or less
prescription drug dependency, but we all know that we shall never be able
to eliminate these problems," the report said. "More importantly, we should
not opt to criminalize them."

The committee estimated 100,000 Canadians over the age of 16 can be
considered at-risk users, which means they consume up to one gram of
marijuana daily and are at risk of damaging their cognitive ability or
respiratory systems. The committee said it concluded, on the basis of
research it reviewed, that cannabis itself is not a cause of delinquency
and crime and that cannabis is not a cause of violence. The report said
that when cannabis was first made illegal in Canada in 1923, few people
even knew about the drug.

"There was no debate (in Parliament), no justification. In fact, many
members did not even know what cannabis was," said Mr. Nolin, adding the
health minister of the day was among those ignorant of the drug.

The Canadian Police Association referred to studies it has cited earlier,
including during testimony to the committee, that all drugs can be harmful.

"Drugs are not dangerous because they are illegal; drugs are illegal
because they are dangerous," said Mr. Griffin, suggesting the senators were
"playing scientist" and ignored countless studies that demonstrate the
harmful effects of marijuana. Mr. Griffin added the association believes
powerful lobbies, which stand to benefit commercially from the legal
distribution and sale of marijuana, is behind the push for drug
legalization. He did not identify the groups. The Canadian Centre against
Alcohol and Drugs also condemned the report.

Other senators on the committee were Liberal Tommy Banks, Conservative Pat
Carney, Liberal Shirley Maheu and Conservative Eileen Rossiter. Liberal
leader in the Senate Sharon Carstairs and Conservative Senate leader John
Lynch-Staunton were ex-officio members of the committee.