SOFT DRUGS AND HARD CRIME

The average grandparent, I suspect, has little sympathy for the more than
400 people charged with speeding in the Toronto area alone this past long
weekend. Society in general disapproves of reckless behaviour behind the
wheel, which is as it should be.

Yet even though driving too fast can endanger the lives of children at
play, drivers, passengers and the occupants of other vehicles; and even
though thousands are injured and killed each year in motor vehicle
accidents; people don't get saddled with criminal records for doing 90 in a
60 zone, or even for doing 195 in a 100 zone.

Why? Because it makes no sense to penalize so harshly an activity that
large swaths of the population have, at one time or another, engaged in.
Nor does it make sense to ruin the lives of people who only occasionally
break the law in this manner and who may do so only in moderation.

Proponents of marijuana decriminalization have, with good reason, been
using the speeding analogy for decades. When we compare the measurable harm
associated with automobile mishaps to the far more difficult-to-quantify
harm associated with marijuana, it becomes impossible to argue persuasively
that this substance is so heinous people deserve to receive a criminal
record for venturing near it. Put simply, the penalty associated with
marijuana consumption is wildly out of proportion to the crime.

The distress many parents and educators feel over soft drugs is, to some
extent, understandable. In a world teeming with distractions, illicit drugs
are yet another avenue by which an unfocused, unmotivated young person's
life can become sidetracked. And there's no denying that kids who buy soft
drugs are at higher risk of experimenting with hard ones, since once you
have a relationship with a dealer who sells one type of drug, it isn't
difficult to get access to the other.

But the fact remains that 25% of Canadians over the age of 15 have used
marijuana and few have suffered significant injury as a result. According
to the Canadian Medical Association, "there are no reported cases of fatal
marijuana overdose."

The real harm marijuana users experience, as the CMA points out in a recent
editorial in its official journal, "is the legal and social fallout."
Noting that roughly half of all drug arrests -- or about 30,000 a year --
are for simple possession of small amounts of marijuana, the CMA notes that
many drug convictions "lead to jail terms or fines and all result in that
indelible social tattoo: a criminal record. This means that for anyone
who's ever been caught with a stash in his or her pocket, the question
'Have you ever had a criminal conviction?' during a job application or
medical school interview can force higher aspirations to go up in a puff of
smoke."

With the publication of its editorial, the CMA has joined a crescendo of
voices including police chiefs, public health workers, lawyers associations
and newspaper editorial boards who all say it's time to decriminalize
marijuana.

If Canada were to proceed down this path, would marijuana continue to be
frowned on? Yes, just as speeding is frowned on. Would the estimated
1.5-million Canadians who use this substance recreationally continue to be
at risk of an unpleasant encounter with the law? Yes. And just as no one
relishes getting pulled over for speeding, I don't suppose many marijuana
users would look forward to paying a $100 fine.

But bringing the severity of the punishment more into line with the actual
nature of this offence would do a great deal to restore public confidence
in the justice system. It is difficult to convince even a 70-year-old
grandmother that the system deserves her respect after she has watched her
sweet-tempered grandson's future be ravaged simply because he had the bad
luck to get caught doing something every fourth person has done.

According to a recent public opinion poll, half of Canadians support the
outright legalization of marijuana. But our politicians -- all of whom
describe themselves as leaders and visionaries while on the campaign trail
- --could hugely improve matters while stopping far short of that.

Never before has the moment been so ripe. Never before has there been such
a broad social consensus that decriminalizing marijuana is the right thing
to do. It's time to act.